RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04315
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discriminated against by his section commander. He was
never offered counseling or the right to seek counsel. He served
four years honorably.
In support of his request, the applicant submits a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, and DD Form 293, Application for the Review of Discharge
from the Armed Forces of the United States.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant with prior service entered active duty again on
9 April 1985.
On 30 June 1986, the applicant was notified by his commander of
his intent to recommend his discharge from the Air Force under
the provisions of AFR 39-10. The specific reason was an Article
15 for a positive marijuana urinalysis.
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 assistant 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 25 July 1986.
He served 4 years, 10 months and 17 days on active duty.
_________________________________________________________________
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 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-2011-04315 in Executive Session on 8 May 2012, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-04315 was considered:
Exhibit A. DD Form 149, dated 18 October 2011, w/atchs.
Exhibit B. Applicants Master Personnel Records.
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