AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00261
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes his general discharge should be upgraded to
honorable.
In support of the applicant’s appeal, he provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 22 July 1982.
On 28 January 1985, 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 was
that on or about 31 December 1984, the applicant wrongfully used
marijuana in the hashish form. For this misconduct he received
punishment under Article 15, Uniform Code of Military Justice.
He was advised of his rights in this matter and after consulting
with counsel the applicant elected to waive his right to submit a
statement on his own behalf. In a legal review of the case file,
the deputy 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 5 March 1985. He served 2 years,
7 months and 14 days on active duty.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, was unable to
identify with an arrest record on the basis of information
furnished.
_________________________________________________________________
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. Additionally, due to
lack of evidence of a successful post-service adjustment, we do
not find it would be in the interest of justice to upgrade his
discharge on the basis of clemency. 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.
_________________________________________________________________
2
The following members of the Board considered AFBCMR Docket
Number BC-2012-00261 in Executive Session on 11 September 2012,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-00261 was considered:
Exhibit A. DD Form 149, dated 13 January 2012, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
3
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