RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05381
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
During the contested time period, it was alleged that he smoked
marijuana. He submitted to a drug test which resulted in a
negative finding. He was very scared and hastily accepted the
discharge.
In support of the applicants appeal, he provides a DD Form 293,
Application for the Review of Discharge from the Armed Forces of
the United States.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 2 February
1993.
The applicant was notified by his commander of his intent to
recommend that he be discharged from the Air Force under the
provisions of AFR 39-10. The specific reason was the applicant
did on or about 2 October 1993 wrongfully use marijuana. He
received punishment under Article 15, Uniform Code of Military
Justice on 22 November 1993.
He was advised of his rights in this matter and after consulting
with counsel the applicant elected to submit a statement on his
own behalf. In a legal review of the case file, the staff judge
advocate found the case legally sufficient and recommended
discharge. The discharge authority concurred with the
recommendation and directed the applicant be discharged. The
applicant was discharged on 27 January 1994 with a general
(under honorable conditions) discharge. He served 11 months and
26 days on active duty.
________________________________________________________________
_
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. Therefore, in the
absence of evidence to the contrary, we find no compelling basis
to recommend granting the relief sought. Notwithstanding the
above, we note the applicant did not provide any information
pertaining to his activities since leaving the service. If he
can provide evidence supporting a successful post-service
adjustment, we would be inclined to reconsider his appeal as a
matter of clemency.
________________________________________________________________
_
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2012-05381 in Executive Session on 22 August 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 November 2012, w/atch.
Exhibit B. Applicants Available Master Personnel Records.
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