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AF | BCMR | CY2013 | BC 2013 02407
Original file (BC 2013 02407.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02407
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  NOT INDICATED

________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to “honorable.”

________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge for possession of drugs was unjust.  He was not 
present when his roommate and his roommate’s girlfriend were 
arrested by the police in his room.  He did not know that he was 
in any trouble until he was denied a transfer.  He was 
wrongfully discharged and does not know why he was used as a 
scapegoat – his roommate was discharged honorably.

In support of his request, the applicant provides copies of his 
DD Form 214, Report of Separation from Active Duty; DD Form 293, 
Application for the Review of Discharge from the Armed Forces of 
the United States and a personal statement dated 10 Mar 1975. 

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 27 Aug 1973, the applicant enlisted in the Regular Air Force.

On 7 Mar 1975, his commander notified him that he was 
recommending he be discharged under the provisions of AFM 39-12, 
Separation for Unsuitability, Unfitness, Misconduct, 
Resignation, or Request for Discharge for the Good of the 
Service and Procedures for the Rehabilitation Program.  The 
specific reasons for his action are reflected in the 
Notification Memorandum at Exhibit B.

On 7 Mar 1975, the applicant acknowledged receipt of the 
discharge notification.

On 24 Mar 1975, the Acting Staff Judge Advocate found the 
discharge legally sufficient.

On 18 Apr 1975, the applicant was discharged with a general 
(under honorable conditions) discharge after serving 1 year, 
7 months and 17 days of active duty.

On 6 Jan 2014, a request for post-service information was 
forwarded to the applicant for review and comment within 
30 days.  (Exhibit C) 

In an electronic communiqué, the applicant provided previously 
submitted documentation in the form of a personal statement from 
1975.  He also provided a United States Postal Service 
Notification of Personnel Action form. 

His complete submission, with attachments, is at Exhibit D.

________________________________________________________________

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.  In the interest of 
justice, we considered upgrading the discharge based on 
clemency; however, we do not find the evidence presented is 
sufficient to compel us to recommend granting the relief sought 
on that basis.  Therefore, in the absence of evidence to the 
contrary, we find no basis upon which 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 this application 
in Executive Session on 20 Feb 2014, under the provisions of AFI 
36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered in AFBCMR BC-
2013-02407:

    Exhibit A.  DD Form 149, dated 13 May 2013, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR, undated, w/atch.
    Exhibit D.  E-mail, Applicant, 7 Jan 2014, w/atchs.




                                   
                                   Panel Chair








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