RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04649
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During his time in the Air Force he was awarded the Air Force
Achievement Medal, Air Force Good Conduct Medal and other
ribbons. He would not risk his Air Force career by using drugs.
In support of the applicants appeal, he provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 1 December
1982.
The applicant was notified by his commander of his intent to
recommend that he be discharged from the Air Force under the
provisions of AFR 39-10. The specific reason is on or about
6 December 1983, during a 100 percent urinalysis check of his
unit, the applicant gave a urine specimen, which tested positive
for THC.
He was advised of his rights in this matter and elected to submit
a statement on his own behalf. In a legal review of the case
file, the 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 28 February 1984. He served 4 years,
5 months and 3 days on active duty.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, provided an
arrest record which is at Exhibit C.
On 24 May 2012, a copy of the FBI Report of Investigation and a
request for information pertaining to his post-service activities
were forwarded to the applicant for review and response within
30 days (Exhibit D). As of this date, this office has received
no response.
_________________________________________________________________
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 offense committed. In the interest of
justice, we considered upgrading the discharge based on clemency;
however, the applicant provides no evidence to warrant favorable
consideration on this basis. Therefore, in view of the above and
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-2011-04649 in Executive Session on 17 July 2012, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-04649 was considered:
Exhibit A. DD Form 149, dated 11 November 2011, w/atch.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFBCMR, dated 24 May 2012.
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