RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00378
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
______________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation be changed.
______________________________________________________________
APPLICANT CONTENDS THAT:
His drug tests were not done properly.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicants complete submission, with attachment, is at
Exhibit A.
______________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served on active duty from 14 May 1982 to 26 July 1984.
On 12 June 1984, the applicant was notified of his commanders
intent to recommend him for a general (under honorable
conditions) discharge under the provisions of Air Force
Regulation 39-10, paragraph 5-49c, for wrongful use of marijuana
on diverse occasions during the period from about 1 June 1983 to
about 1 March 1984. The applicant acknowledged receipt,
consulted counsel, and submitted a statement in his own behalf.
After considering the applicants submission, his commander
recommended the applicant be discharged.
On 6 July 1984, after the Acting Staff Judge Advocate found the
case to be legally sufficient, the discharge authority approved
the recommended discharge without probation or rehabilitation.
The applicant was discharged in the grade of airman (E-2) on
26 July 1984 with a general (under honorable conditions)
characterization of service and a narrative reason for discharge
of Misconduct Drug Abuse.
______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. DPSOR indicates the applicant
asserts his drug test was not conducted properly; however, one
Air Force member was interviewed by the Office of Special
Investigations (OSI) and provided a signed sworn statement in
which he admitted smoking cannabis with the applicant. The
government evidence shows the applicant wrongfully used
marijuana.
DPSOR states that based on the documentation on file in the
master personnel records, the discharge was consistent with the
procedural and substantive requirements of the discharge
instruction and was within the discretion of the discharge
authority. The applicant did not submit any evidence or
identify and errors or injustices in the discharge processing.
He provided no facts warranting a change to his reason for
discharge.
The complete DPSOR evaluation is at Exhibit C.
______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 8 April 2014, for review and comment within 30 days
(Exhibit D). As of this date, this office has received no
response.
______________________________________________________________
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 agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
______________________________________________________________
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-2013-00378 in Executive Session on 17 October 2013,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2013-00378:
Exhibit A. DD Form 149, dated 24 Nov 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 27 Mar 13.
Exhibit D. Letter, SAF/MRBR, dated 8 Apr 13.
Panel Chair
2
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