RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01629
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was struggling with a drug addiction when he entered the Air
Force and thought he could beat the addiction on his own. The
Air Force did not offer him an opportunity to receive treatment
and a change in his discharge status would help him move on and
rebuild his life.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 18 Nov 86.
On 17 Sep 87, the applicants commander notified him that he was
recommending his discharge from the Air Force for misconduct
commission of a serious offense (drug abuse). The reason for
the action included the applicants use of cocaine as evidenced
by a positive urine specimen for which he received nonjudicial
punishment (NJP) under Article 15 of the Uniform Code of
Military Justice (UCMJ).
On 17 Sep 87, he acknowledged receipt of the action and, after
consulting with legal counsel, waived his right to submit a
statement in his own behalf.
On 21 Sep 87, the case was found to be legally sufficient and on
23 Sep 87, the discharge authority directed the applicant be
furnished a general discharge, without probation and
rehabilitation. On 23 Sep 87, the applicant was furnished a
general (under honorable conditions) discharge and was credited
with ten months and six days of total active service.
On 19 Feb 13, a request for post-service information was
forwarded to applicant for comment within 30 days. As of this
date, no response has been received by this office (Exhibit C).
________________________________________________________________
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 applicants complete submission in judging the merits of
the case; however, we find no evidence of an error or injustice
that occurred in the discharge process. Based on the available
evidence of record, it appears the applicants General (Under
Honorable Conditions) discharge for misconduct drug abuse was
consistent with the substantive requirements of the discharge
regulation and within the commanders discretionary authority.
He has provided no evidence which would lead us to believe the
characterization of his service was improper or contrary to the
provisions of the governing directive. 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. In view of the foregoing, and in the absence of
evidence to the contrary, we conclude that no basis exists to
upgrade the applicants General (Under Honorable Conditions)
discharge.
________________________________________________________________
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-2012-01629 in Executive Session on 21 Mar 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Apr 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 19 Feb 13, w/atch.
Panel Chair
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