RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03384
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He has lived with the mistake he made for the last 26 years and
deserves to receive credit for the good time he served on active
duty.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 12 Aug 85.
On 12 Jun 87, the applicants commander notified him that he was
recommending his discharge for drug abuse. The reason for the
action was that the applicant wrongfully used marijuana, for
which he received nonjudicial punishment (NJP) action under
Article 15 of the Uniform Code of Military Justice (UCMJ).
On 10 Jul 87, the applicant was furnished a general (under
honorable conditions) discharge and was credited with 1 year,
10 months, and 29 days of total active service.
On 28 Mar 14, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office (Exhibit C).
________________________________________________________________
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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we find no evidence of an error or
injustice that occurred in the discharge process. Based on the
available evidence of record, it appears the applicants general
(under honorable conditions) discharge for drug abuse was
consistent with the substantive requirements of the discharge
regulation and within the discharge authoritys discretion. He
has provided no evidence which would lead us to believe
otherwise. In the interest of justice, we considered upgrading
the discharge based on clemency; however, in the absence of any
evidence related to his accomplishments since leaving the
service, there is no way we can determine if his post-service
accomplishments overcome the misconduct for which he was
discharged. Therefore, in view of the above, and in the absence
of evidence to the contrary, we conclude that no basis exists to
upgrade the applicants general discharge.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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-2013-03384 in Executive Session on 29 Apr 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-03384 was considered:
Exhibit A. DD Form 149, dated 13 Jul 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFBCMR, dated 28 Mar 14.
Panel Chair
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