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AF | BCMR | CY2012 | BC-2012-05381
Original file (BC-2012-05381.txt) Auto-classification: Denied


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 applicant’s appeal, he provides a DD Form 293, 
Application for the Review of Discharge from the Armed Forces of 
the United States.

The applicant’s 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.  Applicant’s Available Master Personnel Records.





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