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AF | BCMR | CY2013 | BC 2013 02764
Original file (BC 2013 02764.txt) Auto-classification: Denied

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 applicant’s 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.  Applicant’s Available Master Personnel Records.





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