ECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02362
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was demoted from airman first class (A1C) to airman basic
(AB) because he had a positive drug test for marijuana.
He was not given an option for rehabilitation or counseling and
feels he should have been given an opportunity for
rehabilitation.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 30 Oct 84, the applicant enlisted in the Regular Air Force.
On 10 Mar 86, he received Article 15 punishment for wrongfully
using marijuana. For this offense, he was reduced to the grade
of AB, ordered to forfeit $100 pay per month for two months
(suspended until 13 Sep 86) and ordered to perform 15 days extra
duty.
On 18 Mar 86, his commander notified him he was recommending his
separation from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, for commission of a serious
offense. On 18 Mar 86, the applicant acknowledged receipt of
the notification of discharge.
On 27 Mar 86, the applicant submitted a letter to his commander
requesting he be considered for an honorable discharge.
On 2 Apr 86, the Staff Judge Advocate found the discharge
legally sufficient.
On 9 Apr 86, his commander considered him for probation and
rehabilitation under the provisions of AFR 39-10, however, he
did not find him a suitable candidate.
On 10 Apr 86, the applicant was discharged from the Air Force
with a general (under honorable conditions) discharge in the
grade AB. He served 1 year, 5 months and 11 days of total
active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. On 5 Oct 11, a copy of the FBI report
and a request for post-service information was forwarded to the
applicant for review and comment within 30 days, as of this
date, no response has been received by this office (Exhibit D).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we find no evidence of an error or injustice
that occurred in the discharge processing. Based on the
available evidence of record, it appears the discharge was
consistent with the substantive requirements of the discharge
regulation and within the commander's discretionary authority.
The applicant has provided no evidence which would lead us to
believe the characterization of the service was contrary to the
provisions of the governing regulation, unduly harsh, or
disproportionate to the offenses committed. We considered
upgrading the discharge based on clemency; however, we do not
find the evidence presented is sufficient to compel us to
recommend granting the relief sought on that basis. Therefore,
in the absence of evidence to the contrary, we find no basis
upon which to recommend granting the relief sought in this
application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 7 Feb 12, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2011-02362:
Exhibit A. DD Form 149, dated 20 Jun 11.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, 29 Sep 11,
Exhibit D. Letter, AFBCMR, dated 5 Oct 11.
Panel Chair
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