RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03066
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has not previously pursued having his discharge upgraded;
however, he could use the upgrade now to help lower his insurance
costs.
The applicant does not provide any evidence in support of his
appeal.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served on active duty from 15 July 1985 to 3 April 1989.
According to Court-Martial Order Number 3, dated 16 December
1988, the applicant, then a senior airman (E-4), was found guilty
of wrongful use of cocaine in violation of Article 112a of the
Uniform Code of Military Justice (UCMJ). As a result, he
received punishment consisting of a reprimand, reduction in grade
to airman basic (E-1), forfeiture of $447 pay per month for two
months, confinement for three months, hard labor without
confinement for three months, and restriction to the limits of
Homestead Air Force Base, Florida, for two months, with the base
restriction to run concurrently with the first two months of hard
labor. Only that portion of the sentence pertaining to reduction
in grade to airman basic, forfeiture of $447 pay per month for
two months, and confinement for three months was approved and
executed.
On 8 March 1989, the applicant was notified of his commanders
intent to recommend the applicant be discharged with a general
(under honorable conditions) discharge for drug abuse, under the
provisions of Air Force Regulation 39-10, Section H, paragraph 5-
49c. The applicant acknowledged receipt of his commanders
intent, consulted counsel, and waived his right to submit a
statement in his own behalf. After a legal review found the case
to be legally sufficient, the discharge authority approved the
recommended discharge without probation or rehabilitation
On 12 November 1964, the applicant was discharged from active
duty with a general (under honorable conditions) discharge. He
served one year and nine months on active duty and had lost time
from 30 November 1988 through 9 February 1989.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report (Exhibit C).
On 11 October 2011, the applicant was given an opportunity to
submit comments about his post service activities and in response
to the FBI Report (Exhibit D).
On 28 October 2011, the applicant provided a personal statement
indicating he did not use cocaine at the party he was invited to
while stationed at Homestead Air Force Base, Florida. He only
drank alcohol. His urinalysis test was negative the night after
the party and he had tested negative seven other times. He was
told by his Air Force attorney that his discharge would be
upgraded automatically in six months after his discharge, but it
was not.
His service before this incident was exceptional. He was a good
mechanic and he graduated first and second in his classes.
Regarding the FBI Report charges in 2004 and 2008, he was never
convicted of any of those charges. After his divorce, he made
some bad choices. He is now a self-employed painting contractor
and a productive citizen. He is a member of a United Methodist
Church and had three biological children and four step-children.
He hopes the Board will upgrade his discharge to help him with
insurance needs and a Department of Veterans Affairs (DVA) loan.
The applicants complete response is at Exhibit E.
_________________________________________________________________
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. Furthermore, we do
not find clemency is appropriate in this case since the applicant
has not provided any evidence concerning his post-service
activities. Based on the foregoing, we find no basis 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 AFBCMR Docket
Number BC-2011-03066 in Executive Session on 15 March 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-03066 was considered:
Exhibit A. DD Form 149, dated 25 Jul 11.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 11 Oct 11, w/atch.
Exhibit E. Letter, Applicant, dated 28 Oct 11.
Panel Chair
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