AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-02198
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 drug addiction has been a lifelong battle. He has gone
through the Veteran’s Administration (VA) Substance Dependency
Treatment program. He is taking classes to prevent a relapse
and being counseled by a therapist. His service record was
excellent.
In support of his request, the applicant provided a copy of a DD
Form 293, Application for the Review of Discharge from the Armed
Forces of the United States.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 Aug 80, the applicant entered the Regular Air Force.
On 28 Oct 83, the applicant was notified of his commander’s
intent to recommend he be discharged from the Air Force under
the provisions of AFR 39-10, Administrative Separation of Airmen
for conditions that interfere with military service. The
specific reason for the proposed action was:
Between Feb 81 and 1 Feb 83, the applicant knowingly and
wrongfully used marijuana, a Schedule I controlled substance.
For this misconduct, the applicant received an Article 15,
Uniform Code of Military Justice (UCMJ) and reduction from the
grade of senior airman to the grade of airman first class, with
a new date of rank (DOR) of 27 Oct 83.
The applicant acknowledged receipt of the notification of
discharge and waived his right to consult with counsel and to
submit a statement is his own behalf.
On 15 Nov 83, the Staff Judge Advocate reviewed the case and
found it legally sufficient to support a discharge and
recommended that he receive a general (under honorable
conditions) discharge without probation and rehabilitation.
On 22 Nov 83, the discharge authority approved the applicant’s
discharge. On 25 Nov 83, the applicant was discharged with
service characterized as general (under honorable conditions) in
the grade of airman first class. He served 3 years, 3 months
and 13 days of total active service.
On 2 Jul 84, the Air Force Discharge Review Board denied the
applicant’s request for upgrade of his general (under honorable
conditions) discharge to honorable.
Pursuant to the Board’s request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
On 20 Sep 12, a copy of the FBI report was forwarded to the
applicant for review and comment within 30 days which is at
(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 whether to recommend an upgrade of the
applicant’s discharge on the basis of clemency, however, based
on the information contained in his FBI Report we do not believe
clemency is warranted. Therefore, in the absence of persuasive
evidence to the contrary, we find no basis upon which to
recommend granting the relief sought.
_________________________________________________________________
2
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
the application was denied without a personal appearance; and
that 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 Docket Number BC-
2012-02198 in Executive Session on 20 Dec 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-02198 was considered:
Exhibit A. DD Form 149, dated 11 May 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 29 Jun 12.
Exhibit D. Letter, SAF/MRBC, dated 20 Sep 12.
Panel Chair
3
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