RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03066
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
Due to his inability to cope with the ending of his marriage in
1986, he made a major mistake which affected his judgment during
the time period in question.
In support of the applicants appeal, he provides a letter from
the Washington Primary Care Physicians.
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 16 May 1983.
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. The specific reasons follow:
a. On or about 2 June 1986, the applicant wrongfully used
marijuana as discovered through urinalysis testing for which he
received non-judicial punishment under Article 15 of the Uniform
Code of Military Justice (UCMJ).
b. On or about 6 August 1986, the applicant wrongfully used
cocaine as discovered through urinalysis testing for which he
received a Letter of Reprimand (LOR).
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 (under honorable conditions) discharge. The
applicant was discharged on 7 November 1986. He served 3 years,
6 months, and 22 days on active duty and credited with 3 months
and 27 days of prior active service.
On 12 March 2014, a request for information pertaining to his
post-service activities was forwarded to the applicant for
review and response within 15 days (Exhibit C). 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 error or injustice warranting the
applicants character of service. 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.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
_
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-2013-03066 in Executive Session on 1 April 2014, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 June 2013, w/atch.
Exhibit B. Discharge Package and Air Force Forms 909.
Exhibit C. Letter, SAF/MRBC, dated 12 March 2014.
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