RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02576
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His narrative reason for separation of Drug Rehabilitation
Failure be removed from his DD Form 214, Certificate of Release
or Discharge from Active Duty.
2. His general (under honorable conditions (UHC)) discharge be
upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His service in the Air Force was without incident except for the
occasional use of marijuana, which he gave up 29 years ago. The
statement of Drug Rehabilitation Failure has haunted him in his
job searches and has affected most opportunities in his life. He
asks that his appeal and earnest plea to upgrade his discharge to
honorable be given consideration. He believes that his discharge
was not related to his performance in the pharmacy. His mistake
was using an illegal substance while he was away from his duty
station.
He decided that the only way to get out of the Air Force was to
start smoking marijuana again. He did not realize that he would
not get an honorable discharge.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 14 Nov 80.
The applicant was notified by his commander that he was
recommending him for discharge from the Air Force under the
provisions of AFR 39-10, paragraph 5-31. The specific reason for
this action was for drug rehabilitation failure. On 12 Jul 83,
the applicant acknowledged receipt of the discharge notification.
After a legal review, the staff judge advocate concurred with the
commanders discharge recommendation. The applicant received a
general (UHC) discharge on 1 Aug 83, after serving 2 years,
8 months, and 18 days on active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. On 13 Dec 12, a copy of two FBI reports
were forwarded to the applicant for review and comment within 30
days. In response, the applicant noted that one of the FBI
Reports sent to him was not his social security number. The
Board did not consider the erroneous FBI Report when they made
their determination in his case.
On 13 Dec 12, a request for information pertaining to his post-
service activities was forwarded to the applicant for response
within 30 days. In response to our request, applicant provided
post-service information, which is attached at Exhibit E.
_________________________________________________________________
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 with regard to
the applicants request to have his general (UHC) discharged
upgraded to honorable. After careful consideration of the
available evidence, we found no indication the actions taken to
effect his discharge were improper or contrary to the provisions
of the governing regulations in effect at the time, or the
actions taken against the applicant were based on factors other
than his own misconduct. In the interest of justice, we
considered upgrading the applicants discharge on the basis of
clemency; however, there was insufficient evidence submitted to
compel us to recommend granting the request on that basis.
Therefore, in the absence of evidence to the contrary, we find no
basis to recommend granting the relief sought in this
application.
4. Notwithstanding the above, sufficient relevant evidence has
been presented to warrant partial relief with regard to his
narrative reason. In this respect, the majority of the Board
believes the applicant has rehabilitated himself as noted by the
letters of support from members of his church and other prominent
members of his community and should no longer have to suffer the
adverse effect of the stigma that is attached to the narrative
reason for his separation. Consequently, the majority of the
Board believes that his narrative reason should be changed to
Secretarial Authority with the corresponding SPD code of JFF.
Therefore, we recommend his record be corrected as indicated
below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 1 August 1983,
he was discharged under the provisions of AFR 39-10, Directed by
the Secretary of the Air Force with Separation Program
Designator (SPD) Code of JFF.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02576 in Executive Session on 15 Feb 13, under the
provisions of AFI 36-2603:
By a majority vote, the Board voted to correct the records, as
recommended. XXX voted to deny the applicants
request, but did not submit a minority report. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Jun 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, SAF/MRBR, dated 13 Dec 12, w/atchs.
Panel Chair
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