RECORD OF PROCEEDINGS
a
general
discharge
without
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2012-00456
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:
His was a one-time incident at age 20, which he regrets. If
treatment for alcohol and narcotics were available at the time
of his active duty service, he would probably still be actively
serving in the Air Force. Today, there are alternatives for
certain behaviors, usages, and bad judgment not afforded him
while he was on active duty. The new rules should apply to
those who were not afforded the opportunity to join Alcoholics
Anonymous or Narcotics Anonymous based upon a lapse of or poor
judgment.
The applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Air Force on 28 Dec 83.
On 30 Apr 86, the applicant’s commander notified him he was
recommending he be discharged from the Air Force for drug abuse.
Specifically, for wrongful use of marijuana as evidenced by the
applicant’s urine sample testing positive for marijuana during a
test administered on 14 Jan 86.
On 1 May 86, the applicant acknowledged receipt of the action,
consulted legal counsel, and submitted a statement on his own
behalf.
On 13 May 86, the case was found to be legally sufficient. On
23 May 86, the discharge authority directed the applicant be
furnished
and
rehabilitation.
probation
On 3 Jun 86, the applicant was furnished a General (Under
Honorable Conditions) discharge for misconduct—drug abuse and
credited with two years, three months, and six days of total
active service.
On 30 Dec 88, the applicant submitted a DD Form 293, Application
for the Review of Discharge or Dismissal from the Armed Forces
of the United States, to the Air Force Discharge Review Board
(AFDRB) requesting to upgrade his discharge. The AFDRB
carefully considered all evidence presented and denied his
request on 8 May 89.
Pursuant to the Board’s request, the Federal Bureau of
Investigation (FBI) provided a copy of the applicant’s Criminal
History Record, which is at Exhibit C.
On 3 Jul 12, a copy of the FBI Report and a request for post-
service information were forwarded to the applicant for review
and comment within 30 days. As of this date, no response has
been received by this office (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 on the basis of
clemency; however, we do not find the evidence presented is
sufficient for us to recommend granting the relief sought on
that basis at this time. Therefore, in the absence of evidence
to the contrary, we conclude that no basis exists to grant the
relief sought in this application.
________________________________________________________________
2
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 the
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00456 in Executive Session on 6 Sep 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Feb 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 3 Jul 12 w/atch.
Panel Chair
Member
Member
Panel Chair
3
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