RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02764
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
His narrative reason for separation reflects drug abuse. He
was never found guilty of drug abuse. He states that charges
were illegally stacked against him. He believes that his
narrative reason for separation is hindering him from finding
employment.
The applicant provides no additional documentation in support of
his appeal.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 30 January
1984.
The applicant was notified by his commander of his intent to
recommend his discharge from the Air Force under the provisions
of AFR 39-10 (Misconduct - Drug Abuse). Specifically, the
applicant received an Article 15 for wrongfully attempting to
use cocaine.
He was advised of his rights in this matter and after consulting
with counsel, the applicant submitted a conditional waiver
requesting a general discharge. In a legal review of the case
file, the acting staff judge advocate found the case legally
sufficient and recommended discharge.
The discharge authority concurred with the recommendation and
directed a general discharge. The applicant was discharged on
12 December 1986. He served 2 years, 10 months, and 13 days on
active duty.
On 4 September 1997, the Air Force Discharge Review Board
(AFDRB) considered and denied the applicants request that his
general discharge be upgraded to honorable.
________________________________________________________________
_
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, based on the evidence before us, we find no
basis to grant clemency at this time. 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 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-2013-02764 in Executive Session on 6 February 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 June 2013.
Exhibit B. Applicants Available Master Personnel Records.
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