RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01137
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He admits he made mistakes. He apologizes and wishes he could
take them all back.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 24 Oct 84, the applicant commenced his enlistment in the
Regular Air Force.
On 1 Oct 87, the applicants commander notified him he was
recommending his discharge from the Air Force for drug abuse.
The reason for the action was an investigation by the Air Force
Office of Special Investigation (AFOSI) revealed the applicant
used marijuana on several occasions while assigned to Elmendorf
AFB. Specifically, on 27 Mar 87, the applicant confessed in
writing and his confession was corroborated by a statement from
another airman on 6 Apr 87.
On 15 Oct 87, the applicant acknowledged receipt of the action
and, after consulting with legal counsel, waived his right to
submit a statement in response to the action.
On 15 Oct 87, the legal office reviewed the case and found it
legally sufficient to support separation and recommended the
applicant be furnished a general discharge without probation and
rehabilitation.
The discharge authority directed the applicant be furnished a
general discharge and the applicant was so discharged on
16 Oct 87 and was credited with 2 years, 11 months, and 25 days
of total active service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial indicating there is no evidence of
an error or injustice. The documentation in the applicants
master personnel records indicates 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 has not provided any
evidence identifying errors or injustices in the processing of
his discharge. He has provided no facts warranting a change to
his character of service.
A complete copy of the AFPC/DPSID 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 19 May 13 for review and comment within 30 days (Exhibit D).
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 an 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. Notwithstanding the
above, we note the applicant did not provide any information
pertaining to his activities since leaving the service.
However, should he provide evidence supporting a successful
post-service adjustment that we could review to determine
whether or not his post-service accomplishment overcome the
misconduct for which he was discharged, we would be inclined to
reconsider his request based on new evidence. 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 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-2013-01137 in Executive Session on 10 Dec 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Mar 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSOR, dated 1 May 13.
Exhibit D. Letter, SAF/MRBR, dated 19 May 13.
Panel Chair
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