RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04099
XXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded to a Honorable Discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
The discharge and narrative do not describe his complete service. The applicant believes that one isolated incident in 7 years of honorable service to his country does not warrant his General discharge.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted in the Regular Air Force on 18 Jun 79.
On 24 Apr 86, the applicant was notified by his commander of his intent to recommend his discharge for Misconduct-Drug Abuse, under the provisions of AFR 39-10, Administrative Separation of Airmen. The reasons for the action is as follows: On or about 3 Mar 86, the applicant was ordered to submit to a commander directed urinalysis, which tested positive for cocaine and for which he received a letter of reprimand on 14 Apr 86.
On 3 Jun 86, the applicant was notified by his commander of an amendment to the 24 Apr 86 Letter of Notification for discharge to include the following reason for discharge: On or about July 1985, the applicant was wrongfully in possession of cocaine.
On 3 Jun 86, after consulting with legal counsel, the applicant offered a conditional waiver of the rights associated with an administrative discharge board hearing, contingent upon receipt of no less than a General discharge.
On 9 Jun 86, the case was found to be legally sufficient and the discharge authority approved the commanders recommendation, directing the applicant be issued a general discharge in consonance with his conditional waiver and without probation and rehabilitation.
On 23 Jun 86, the applicant was furnished a General (Under Honorable Conditions) discharge.
A complete copy of the Discharge Package is attached at Exhibit B (with attachments).
______________________________________________________________
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 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, given the seriousness of the misconduct leading to his discharge, i.e., testing positive for cocaine and wrongful possession of cocaine, and in the absence of any evidence related to the applicants post-service activities, we are not persuaded that an upgrade of the characterization of his discharge is warranted on this basis. Therefore, we find no basis to recommend granting the relief sought.
________________________________________________________________
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 AFBCMR Docket Number BC-2013-04099 in Executive Session on 24 Sept 2014, under the provisions of AFI 36 2603:
XXXXXXXX, Chair
XXXXXXXX, Member
XXXXXXXX, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Apr 11.
Exhibit B. Administrative Discharge Package,
dated 24 Apr 86, w/atchs.
Exhibit C. Letter, AFBCMR, dated 16 Sep 13.
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