RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04159
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He had a lapse in judgment after losing a close family member
which led to excessive drinking and smoking marijuana. Since
his discharge he has matured and has been an upstanding member
of his community. His type of separation is affecting every
aspect of his life, especially when seeking employment.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 21 August 1985.
On 3 March 1988, the applicants commander warned him of the
possibility of discharge from the Air Force based on his
performance, either on or off duty or both.
On 3 March 1988, the applicant acknowledged receipt of the
warning of discharge.
On 27 May 1988, the applicants commander notified him that he
was recommending his discharge from the Air Force for drug
abuse. The reason for the action was the applicant was
apprehended by civilian authorities on 16 April 1988 for public
drunkenness and simple possession of marijuana, a Scheduled I
Controlled Substance, after having passed out in his privately
owned vehicle.
On 27 May 1988, the applicant acknowledged receipt of the action
and, after consulting with legal counsel, waived his right to
submit a statement in his own behalf.
On 2 June 1988, the case was found to be legally sufficient.
On 3 June 1988, the discharge authority directed the applicant
be furnished a general discharge, without probation and
rehabilitation.
On 6 June 1988, the applicant was furnished a general (under
honorable conditions) discharge and was credited with 2 years,
9 months, and 16 days of total active service.
On 7 June 2013, in response to a request for post-service
information, the applicant indicates he was a productive airman
before losing a very close family member. The death of his
family member caused him to start using alcohol and marijuana,
which lead to his discharge. As a result of his discharge, he
became depressed and was a substance abuser for at least 20
years. He sought professional help and is now currently
employed.
________________________________________________________________
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 an 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 based
on clemency; however, in the absence of any evidence related to
the applicants activities since leaving the service, we find no
basis 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-2012-04159 in Executive Session on 4 June 2013 and
12 June 2013, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 September 2012, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 29 April 2013, w/atch.
Panel Chair
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