RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04136
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Undesirable discharge be upgraded to Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
Due to adverse weather, he spent six days in the hospital and
his unit knew his whereabouts because he called Malcolm Grow
Medical Center.
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 26 Sep 66.
On 10 and 11 Feb 70, special court-martial charges were
preferred against the applicant for two specifications of absent
without leave; nine specifications of use, possession, and sale
of marijuana; and two specifications of violating a lawful
order; in violations of Articles 86, 134, and 92, Uniform Code
of Military Justice (UCMJ), respectively.
On 11 Feb 70, the applicant requested discharge in lieu of
court-martial for the good of the service.
On 4 Mar 70, the request for discharge was reviewed and
determined to be legally sufficient and was subsequently
approved by the Major Command (MAJCOM) Commander.
On 11 Mar 70, the applicant was furnished an Undesirable
discharge and was credited with three years, four months, and
eight days of total active service.
On 1 Nov 75, the President of the United States awarded the
applicant clemency related to his absence offenses by granting
him a full and unconditional pardon and a clemency discharge for
having violated Article 86 of the UCMJ.
On 24 Oct 78, the Air Force Discharge Review Board (AFDRB)
denied the applicants request to upgrade his Undesirable
discharge to an Honorable discharge indicating the discharge was
consistent with the procedural and substantive requirements of
the discharge regulations and was within the sound discretion of
the discharge authority. The Board concluded that there was no
evidence presented to substantiate that the effects of
prescribed drugs played a primary role in the applicants
discharge, or that his testimony was sufficiently credible
enough to substantiate upgrading the discharge.
On 15 Jul 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 Undesirable
discharge 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. We note the applicant has provided a copy of a
certificate that indicates that he was granted a Presidential
pardon for his absence offenses; however, we also note that this
pardon was granted to the applicant by virtue of a comprehensive
program for the return of Vietnam era draft evaders and military
deserters that also included a Presidential Clemency Board.
While the applicant was granted clemency for his absence
offenses under this program, his remaining drug related
offenses, in and of themselves, could still have formed the
basis for his Undesirable discharge. Furthermore, the tenets of
this program specifically preclude this form of clemency from
being used as a basis to obtain benefits from the Department of
Veterans Affairs (DVA). Therefore, in view of these facts, we
are not inclined to upgrade the applicants discharge on the
basis of his receipt of a Presidential pardon, which is limited
only to his absence offences, when doing so would bestow
benefits to the applicant that are specifically precluded under
the clemency program. 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 to compel 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
Undesirable 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-2012-04136 in Executive Session on 8 Aug 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Oct 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 15 Jul 13, w/atch.
Panel Chair
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