RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02802
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and did do some drugs during 1971-72, which was
wrong on his part, but he has not touched them since.
The psychiatrist was wrong in his evaluation of him in 1972.
In support of his request, the applicant provides copies of his
discharge letter and Airman Performance Report.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Air Force on 15 Apr 70 and was
progressively promoted to the grade of sergeant.
On 14 Apr 72, the applicant was notified by his squadron
commander that he was recommending he be discharged from the Air
Force for unsuitability. The basis for the recommendation was a
psychiatric evaluation that revealed the applicant possessed a
character and behavior disorder that warranted administrative
discharge procedures. In addition, it was also reported that he
had a history of illicit use of drugs prior to and since entry
into the Air Force. He reportedly used marijuana, barbiturates
and amphetamines, also mescaline on one occasion and LSD on about
35 occasions. In the opinion of the psychiatrist, the
applicantÂ’s history of drug use, and lack of interest in the
rehabilitation program, warranted the discharge action.
The applicant acknowledged receipt of the discharge notification
and that he had consulted with military counsel. On 19 Apr 72,
he waived his rights associated with an administrative discharge
board hearing, and declined to submit statements in his own
behalf.
On 19 Apr 72, the Acting Staff Judge Advocate found the case file
legally sufficient to support separation with a general
discharge.
On 26 Apr 72, the discharge authority approved the separation and
directed a general discharge. He was discharged on 28 Apr 72, in
the grade of sergeant, under the provisions of AFM 39-12, Separation for Unsuitability, and received a general discharge.
He served on active duty for a period of 2 years and 14 days.
Pursuant to the request of the Board on 23 Sep 11, the Federal
Bureau of Investigation, Clarksburg, West Virginia, indicated on
5 Oct 11, that, on the basis of the data furnished, they were
unable to locate an arrest record.
On 14 Oct 11, the AFBCMR staff offered the applicant an
opportunity to provide information pertaining to his activities
since leaving the service (Exhibit D). As of this date, no
response has been received by this office.
_________________________________________________________________
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.
_________________________________________________________________
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 Docket Number
BC-2011-02802 in Executive Session on 1 Dec 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Jul 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBC, dated 14 Oct 11.
Panel Chair
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