RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04737
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
He was not given an opportunity to adequately defend himself
during the discharge proceedings, which involved only his
sergeant and commander. He was never given the opportunity to
discuss what took place, that he inadvertently ingested
marijuana at a family gathering, and was later told by his
former spouse that the random drug test was initiated because
she had called his commander. Had he had a chance to defend the
action, the outcome would have been different.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to the applicants military personnel records, he
initially entered the Regular Air Force on 20 Sep 71.
On 29 Apr 86, the applicants commander notified him of his
intent to recommend his discharge for misconduct drug abuse.
The reason for the action was that during the period 9 Jan 86
through 15 Jan 86, the applicant used marijuana, as evidenced by
a positive result on a urinalysis submitted during an inspection
test, for which he received non-judicial punishment (NJP) under
Article 15 of the Uniform Code of Military Justice (UCMJ). The
letter of notification indicated the applicant had a right to
consult with legal counsel and that he had a right to appear
before an administrative discharge board. If he waived his
right to an administrative discharge board, he still had the
right to submit statements on his own behalf.
On 29 Apr 86, the applicant acknowledged receipt of the action
and of his right to consult with legal counsel. He subsequently
submitted a request for a conditional waiver of administrative
discharge board proceedings, provided he receive no less than a
general (under honorable conditions) discharge.
On 12 May 86, the discharge case was found to be legally
sufficient.
On 21 May 86, the discharge authority accepted the applicants
conditional waiver and concurred with the commanders
recommendation to furnish the applicant a general (under
honorable conditions) discharge.
On 23 May 86, the applicant was so discharged and was credited
with 14 years, 8 months, and 4 days of total active service.
On 27 Jun 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 this case; however, we find no evidence or an error or
injustice that occurred during the discharge processing. Based
on the available evidence of record, it appears the applicants
discharge was carried out in accordance with the directive under
which it was affected and, despite his uncorroborated assertions
to the contrary, that he was provided full administrative due
process. In the interest of justice, we considered upgrading
the discharge based on clemency; however, in the absence of any
evidence relating to the applicants activities since leaving
the service, we have no basis to determine whether his
contributions to his community are sufficient to overcome the
misconduct for which he was discharged. Therefore, in the
absence of evidence the discharge was disproportionate to the
circumstances, there was an abuse of discretionary authority, or
the applicant was deprived of rights to which he was entitled,
we find no basis to recommend favorable consideration of the
application.
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-2013-04737 in Executive Session on 23 Sep 14, under
the provisions of AFI 36-2603:
Ms., Panel Chair
Mr., Member
Mr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Oct 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 27 Jun 14.
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