RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04479
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was based on an incident where his roommate was
arrested and charged for possession of marijuana. He had never
used controlled substances. He had no knowledge of his
roommates drug use and did not deserve this type of discharge.
This issue has bothered him. Guilty by association is not
just cause for marring his record.
In support of his request the applicant submits three letters of
character reference. Not listed on the DD Form 149 but also
provided is his DD Form 214, Certificate of Release or Discharge
from Active Duty.
The applicants complete submission with attachments is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on
27 September 1979 and was progressively promoted to the grade of
Senior Airman (SrA), E-4, with a date of rank of 1 April 1982.
The applicants grade at the time of discharge was Airman First
Class (A1C), E-3, with a date of rank of 3 September 1982.
On 1 December 1982, the applicants commander notified him that
he was recommending him for discharge from the Air Force for a
pattern of misconduct, under the authority of Air Force
Regulation (AFR) 39-10, Administrative Separation of Airmen,
paragraph 5-47. The specific reason for the proposed action
was; misconduct substantiated by the applicants involvement in
behavior that was inconsistent with acceptable Air Force
standards as evidenced by administrative and nonjudicial
punishments he received for specific incidents of; being
disorderly on station on 23 January 1981, admitted wrongful
possession and use of marijuana, and failing to go to a
scheduled dental appointment.
On 1 December 1982, the applicant acknowledged receipt of the
notification of discharge and his right to consult counsel, and
submit statements on his own behalf. On 2 December 1982, the
applicant opted to consult counsel and waived his right to
submit statements on his behalf.
On 28 March 1983, the request for discharge was approved,
subsequent to the file being found legally sufficient. The
discharge authority directed the applicant be discharged with a
general (under honorable conditions) characterization of service
without probation and rehabilitation. The applicant was
released from active duty on 29 March 1982 and was credited with
3 years, 6 months and 3 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.
On 29 March 2012, the applicant was given an opportunity to
submit comments regarding his post-service activities
(Exhibit C).
In response, the applicant provided a statement indicating that
following his discharge from the Air Force, he promptly found
work and has been gainfully employed since. He has never been
fired from a job. He is proud of his work ethic and commitment
and has been with his current employer for the past 23 years. He
is very active in his local community and was approached to run
for the office of City Council.
The applicants complete response is at Exhibit D.
________________________________________________________________
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. In the interest of
justice, we considered upgrading the discharge based on clemency
and considered the applicant's overall post-service activities
and accomplishments; however, the evidence submitted was not
sufficient to compel us to recommend granting the relief sought
on that basis. Therefore, we find no basis upon which to
recommend relief.
________________________________________________________________
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-2011-04479 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 B. Applicants Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 29 March 2012.
Exhibit D. Letter, Applicant, dated 11 April 2012, w/atch.
Panel Chair
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