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 roommates 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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