RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03051
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes his discharge was unjust. He would like to reenter
military service. He has been denied employment due to his
discharge.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 Jul 98, the applicant contracted his enlistment in the Air
Force.
On 22 Mar 01, the applicants commander notified him that he was
recommending his discharge from the Air Force for drug abuse.
The specific reason for the discharge action was that on or about
20 Dec 00, he tested positive for Tetrahydrocannabinol (THC).
His commander advised him of his rights in this matter. The
applicant acknowledged receipt of the notification of discharge.
On 28 Mar 01, the legal office reviewed the case and recommended
discharge with a general discharge without probation and
rehabilitation.
On 28 Mar 01, the discharge authority directed the applicant be
furnished a general discharge without probation and
rehabilitation. He was discharged on 2 Apr 01 and was credited
with two years, eight months, and four days of active service.
The applicant appealed to the Air Force Discharge Review Board
(AFDRB), requesting a discharge upgrade to honorable, and a
change of the reason and authority for his discharge. On
20 Aug 02, the AFDRB considered and denied his appeal.
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 Apr 12, a copy of the FBI Investigative Report and a request
for post-service information was forwarded to the applicant for
review and comment within 30 days (Exhibit F). As of this date,
no response has been received by this office.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial noting the applicant did not provide
any evidence of an error or injustice to warrant a change in the
characterization of his discharge. Based on the documentation in
the master personnel records, the discharge was consistent with
the procedural and substantive requirements of the discharge
instruction and was within the discretion of the discharge
authority.
The complete AFPC/DPSOS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 2 Dec 11 for review and comment within 30 days (Exhibit E).
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 an error or injustice. We took
notice of the applicants 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 applicants
general discharge for drug abuse was consistent with the
substantive requirements of the discharge regulation and within
the commanders discretionary authority. He has provided no
evidence which would lead us to believe the characterization of
his service was improper or contrary to the provisions of the
governing directive. In the interest of justice, we considered
upgrading the discharge based on clemency; however, in the
absence of any information related to the applicants post-
service activities, we find no basis to recommend granting relief
on that basis. Therefore, in the absence of such, we conclude
that no basis exists to upgrade the applicants general
discharge.
_________________________________________________________________
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 AFBCMR Docket
Number BC-2011-03051 in Executive Session on 15 May 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Jul 11.
Exhibit B. Applicants Master Military Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, HQ AFPC/DPSOS, dated 15 Nov 11.
Exhibit E. Letter, SAF/MRBR, dated 2 Dec 11.
Exhibit F. Letter, AFBCMR, dated 5 Apr 12, w/atchs.
Panel Chair
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