RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02384
COUNSEL: DAV
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was under a lot of stress as a young man and self-medicated
with marijuana. He received an under honorable conditions
discharge for an untrimmed mustache.
The applicant provided no documentation in support of his appeal.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 24 July 1973.
The applicant was notified by his commander of his intent to
recommend his discharge from the Air Force under the provisions
of AFM 39-12. Specifically, the applicant had established a
pattern of a discreditable nature. He had a disregard for
counseling and guidance and corrective punishment gave clear
indication that he did not possess the potential for normal
career progression.
He was advised of his rights in this matter and elected not to
submit a statement on his own behalf. In a legal review of the
case file, the staff judge advocate found the case legally
sufficient and recommended discharge. The discharge authority
concurred with the recommendation and directed a general
discharge. The applicant was discharged on 20 February 1976. He
served 2 years, 6 months and 27 days on active duty.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, provided an
arrest record which is at Exhibit C.
On 30 August 2011, a copy of the FBI Report of Investigation and
a request for information pertaining to his post-service
activities was forwarded to the applicant for review and response
within 30 days (Exhibit D). As of this date, this office has
received no response.
_________________________________________________________________
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 an error or an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and the
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion the
applicant has failed to sustain his burden of proof of the
existence of an error or injustice. 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 to recommend granting
the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2011-02384 in Executive Session on 14 February 2012,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-02384 was considered:
Exhibit A. DD Form 149, dated 13 June 2011.
Exhibit B. ApplicantÂ’s Master Personnel Record.
Exhibit C. Federal Bureau of Investigation Report.
Exhibit D. Letter, AFBCMR, dated 30 August 2011.
Panel Chair
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