RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04934
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
APPLICANT CONTENDS THAT:
He has no history (post service) of substance abuse. When he was
on active duty a barracks inspection uncovered contraband. Due to
the hardships in his personal life, he opted to allow the charges
to apply to him.
The applicant did not provide any documents in support of his
appeal.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 13 Dec 77, the applicant enlisted in the Regular Air Force.
On 23 Oct 80, the applicant was notified by his commander of his
intent to recommend his discharge from the Air Force for Drug
Abuse under the provisions of AFM 39-12, Separation for
Unsuitability, Misconduct, Personal Abuse of Drugs; Resignation or
Request for Discharge for the Good of the Service; and Procedures
for the Rehabilitation Program, Chapter 2, section B, paragraph 2-
15c. The specific reasons for his action was the applicants
wrongful possession of marijuana and possession of a large
strainer with marijuana residue, a large plastic bag with
marijuana seeds, stems, numerous papers with marijuana residue, a
razor blade with marijuana residue and a clip with marijuana
residue, all in violation of Article 134, of the Uniform Code of
Military Justice (UCMJ). He received a reduction in grade to
airman, a Letter of Reprimand (LOR), and non-judicial punishment
under the provisions of Article 15 of the UCMJ. Before
recommending discharge the commander noted that the applicant had
not shown any evidence of improvement despite rehabilitative
efforts. The applicant acknowledged receipt of the notification
of discharge.
On 24 Sep 80, the applicants commander decided to place the LOR
in his Unfavorable Information File (UIF). On 30 Sep 80, the
applicant acknowledged receipt of the notification of intent to
place the LOR in his UIF. He elected not to submit a statement in
his own behalf.
On 31 Oct 80, after consulting with legal counsel, the applicant
submitted a conditional waiver to waive his right to an
administrative discharge board hearing so long as he received a
general (under honorable conditions) discharge.
On 17 Nov 80, the applicants squadron commander recommended to
the group commander that the applicant receive a general (under
honorable conditions) discharge without the offer of probation or
rehabilitation.
On 21 Nov 80, the Deputy Staff Judge Advocate (SJA) reviewed the
case and found it legally sufficient to support discharge and
recommended to the Air Force Flight Test Center commander
(AFFTC/CC) that the applicants conditional waiver be accepted and
he be furnished a general (under honorable conditions) discharge
without the offer of probation or rehabilitation.
By undated letter, the group commander recommended to the AFFTC/CC
that the applicant be furnished a general (under honorable
conditions) discharge certificate.
On 1 Dec 80, the AFFTC/CC accepted the applicants conditional
waiver and directed the applicants administrative discharge
without the offer of probation or rehabilitation.
On 2 Dec 80, the applicant was discharged for Misconduct Drug
Abuse Board Waiver with service characterized as general (under
honorable conditions) in the grade of airman first class. He
served 2 years, 11 months, and 20 days of total active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) indicated that on the basis of the information
provided, they were unable to locate an arrest record.
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 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 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 commanders discretionary authority. The applicant has
provided no evidence which would lead us to believe the
characterization of 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 characterization of the applicants discharge based
on clemency; however, after considering his overall record of
service, the infractions which led to his administrative
separation and the lack of post-service information we are not
persuaded that an upgrade is warranted. Should the applicant
provide evidence pertaining to his post-service activities, we
would be willing to reconsider his request. In view of the above
and in the absence of evidence to the contrary, we find no basis
upon which to recommend granting the relief sought.
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-2013-04934 in Executive Session on 7 Aug 14, under the
provisions of AFI 36-2603:
Ms. Patricia J. Zarodkiewicz, Panel Chair
Mr. Vance E. Lineberger, Member
Mr. Karl S. Mathias, Member
The following documentary evidence was considered:
Exhibit A. DD Forms 149, dated 13 Oct 13, w/atch.
Exhibit B. Applicant's Available Personnel Records.
1
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