RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04246
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
The record is correct. He requests an honorable discharge based
on his service prior to his misconduct.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 16 October
1981. On 5 February 1985, the applicant was notified of his
commanders intent to discharge him from the Air Force for drug
abuse. Specifically, between 11 August 1984 and 10 September
1984, he wrongfully used marijuana. The applicant acknowledged
his commanders intent, his right to legal counsel, to present
his case before an administrative discharge board and to submit
statements on his behalf. He also acknowledged his right to
waive the aforementioned rights. The applicant waived his right
to an administrative discharge board and submitted a statement
for his commanders consideration after consulting with counsel.
On 25 February 1985, the staff judge advocate found the
discharge legally sufficient and recommended the commander
discharge the applicant with a general discharge. On 4 March
1985, the commander approved the discharge and directed he be
separated with a general discharge. The applicant was separated
on 5 March 1985 with a general (under honorable conditions)
discharge.
On 27 March 2013, a request for post-service information was
forwarded to the applicant for response within 30 days
(Exhibit C). As of this date, no response has been received by
this office.
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 during the discharge process. 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, or unduly harsh. In the
interest of justice, we considered upgrading the applicants
discharge on the basis of clemency, however, there was no
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 upon which to recommend granting
the relief sought.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
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 AFBCMR Docket
Number BC-2012-04246 in Executive Session on 8 May 2013, under
the provisions of AFI 36-2603:
Vice Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-04246 was considered:
Exhibit A. DD Form 149, dated 5 Sep 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBC, dated 27 Mar 13.
Vice Chair
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