RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02827
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
There is no error. He was discharged due to his actions and
behavior. He deeply regrets violating the trust his country
placed in him. Since his discharge he has lived his life as
honorably as possible. He married, graduated from college,
became a teacher, and raised two children. He hopes that his
actions and behavior since his discharge will have some positive
effect with the decision process.
The applicant did not provide any supporting documents.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS DISCHARGE UPGRADE NO ADVISORY:
The applicant enlisted in the Regular Air Force on 21 June 1973.
He was progressively promoted to the grade of Sergeant, E-4.
In May 1977 the applicant received an Article 15 for possession
of marijuana on base, with punishment consisting of a suspended
reduction to the grade of Airman First Class, E-3, and
forfeiture of $100.00 pay per month for 2 months. As a result
of the Article 15, the applicant participated in and
successfully completed the base drug rehabilitation program in
April 1978.
On 6 June 1978 the applicant was arrested by civil authorities
under the charge of cultivation and possession of marijuana. At
the time of his arrest, the applicant was found in possession of
one marijuana cigarette, some marijuana seeds and 25 marijuana
plants.
On 27 September 1978, the applicant was notified by his
commander that he was recommending him for discharge from the
Air Force under the provisions of AFM 39-12, Chapter 2; section
B, paragraph 2-15c. The specific reason for the proposed
action was; the applicant had been frequently involved in
behavior that was inconsistent with acceptable Air Force
standards. Despite attempts to advise and motivate him, his
behavior continued to have adverse effects on the people and the
mission of the squadron. His continuous involvement with drugs
affected his duty performance and judgment.
The applicant acknowledged receipt of the notification of
discharge and was advised of his right to present his case
before an administrative discharge board, subject to his being
available, consult counsel, and submit statements on his behalf.
On 17 October 1978 the applicant waived his right to a hearing
before a board of officers provided he was issued a general
discharge certificate. He opted to submit statements on his
behalf. He again acknowledged his right to military counsel or
to employ civilian counsel at his own expense if desired but he
did not indicate whether he would consult counsel or waive his
right to consult counsel.
Subsequent to the file being found legally sufficient, the
discharge authority approved the recommendation and directed the
applicant be discharged with a general (under honorable
conditions) characterization of service. The applicant was
released from active duty on 22 November 1978 and was credited
with 5 years, 5 months and 2 days of active duty service.
Pursuant to the Board's request, the FBI was unable to identify
an arrest record on the basis of information furnished.
________________________________________________________________
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 during the discharge process. 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, or unduly harsh. We
considered upgrading the discharge based on clemency; however,
in the absence of evidence by the applicant attesting to a
successful post-service adjustment in the years since his
separation, we are not inclined to extend clemency at this time.
However, the Board is willing to reconsider the applicants
request and have included an Information Bulletin to assist the
applicant in submitting a future request.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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
BC-2011-02827 in Executive Session on 27 March 2012, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 July 2011.
Exhibit B. Applicants Master Personnel Records.
Panel Chair
AF | BCMR | CY2011 | BC-2011-04479
On 29 March 2012, the applicant was given an opportunity to submit comments regarding his post-service activities (Exhibit C). ________________________________________________________________ The following members of the Board considered this application BC-2011-04479 in Executive Session on 24 July 2012, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, w/atchs dated 9 November 2011. Exhibit D....
AF | BCMR | CY2013 | BC-2012-02827
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-02827 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: _________________________________________________________________ APPLICANT REQUESTS THAT: His Fitness Assessment (FA) dated 29 December 2011 be removed from his records. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 14 December 2012, a copy of the Air Force evaluation...
AF | BCMR | CY2011 | BC-2011-02802
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. On 19 Apr 72, the Acting Staff Judge Advocate found the case file legally sufficient to support separation with a general discharge. Exhibit C. Letter, SAF/MRBC, dated 14 Oct 11.
AF | BCMR | CY2003 | BC-2003-02089
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02089 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. His commander recommended an honorable discharge. AFPC/DPPRS complete evaluation is at Exhibit...
AF | BCMR | CY2011 | BC-2011-01414
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01414 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to general (under honorable conditions). On 3 November 1971, the applicant volunteered for rehabilitation under the United States Air Force Drug Abuse Program. The applicant...
AF | BCMR | CY2003 | BC-2002-03358
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03358 INDEX CODE: 110.00 APPLICANT COUNSEL: None SSN HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. Pursuant to the Board’s request, the Federal Bureau of Investigation, Washington, D.C., provided an investigative report which is...
AF | BCMR | CY2010 | BC-2010-00020
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00020 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge be upgraded to a general (under honorable conditions) discharge or an honorable discharge. The Air Force Court of Military Review affirmed the findings and sentence on 2 March 1984. The applicant was...
AF | BCMR | CY2007 | BC-2006-00087
________________________________________________________________ STATEMENT OF FACTS: Applicant entered the active Air Force on 6 December 1974 and served for a period of three years, one month, and 13 Days, before being discharged with an under other than honorable conditions (UOTHC) service characterization on 18 January 1978. Mental health evaluation in May 1976 noted mild anxiety and depressive symptoms, but no serious mental illness was diagnosed. The preponderance of evidence of the...
AF | BCMR | CY2009 | BC-2008-03105
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03105 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. Applicant’s complete submission is at Exhibit A. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg,...
AF | BCMR | CY2008 | BC-2007-02632
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02632 INDEX CODE: 110.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: 1. In response to our request, applicant provided post-service information, which is attached at Exhibit D. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. Exhibit D....