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AF | BCMR | CY2013 | BC 2013 04934
Original file (BC 2013 04934.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s 
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 applicant’s 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 applicant’s 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 applicant’s 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 applicant’s conditional 
waiver and directed the applicant’s 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 Board’s 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 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 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 applicant’s 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.
	

						


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