RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-05063
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is homeless and needs his discharge upgraded to be eligible
for a Department of Veterans Affairs (DVA) Grant Per Diem (GPD)
program.
In support of his appeal, the applicant 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:
On 27 Nov 81, the applicant contracted his enlistment in the Air
Force.
On 19 Sep 83, the applicants commander notified him that he was
recommending his discharge from the Air Force for misconduct
conduct prejudicial to good order and discipline. The specific
reason for the discharge action was the applicant received two
Article 15s for failure to go and wrongful use of marijuana;
three letters of counseling, and two letters for missing
substance abuse group appointments.
His commander advised him of his rights in this matter. The
applicant acknowledged receipt of the action and waived his right
to submit a statement. On 6 Oct 83, the case was found legally
sufficient and, on 7 Oct 83, the discharge authority directed the
applicant be furnished a general (under honorable conditions)
discharge without probation and rehabilitation. On 13 Oct 83, he
was furnished a general (under honorable conditions) discharge
and was credited with 1 year, 10 months, and 17 days of active
service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
On 11 Jun 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 D). 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 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;
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 material 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-2011-05063 in Executive Session on 7 Aug 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Jan 12, w/atch.
Exhibit B. Applicants Master Military Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, SAF/MRBR, dated 11 Jun 12, w/atch.
Panel Chair
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