RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05641
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
APPLICANT CONTENDS THAT:
He had an argument with his girlfriend and it was blown out of
proportion. He was honest and mature and accepted responsibility.
The applicants complete submission, with attachment, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 29 October
1980. On 22 January 1986, he was notified of his commanders
intent to discharge him from the Air Force for drug abuse.
Specifically, the applicant wrongfully used hashish on 23 November
1985.
On 22 January 1986, the applicant consulted counsel and waived his
right to submit statements on his behalf. The staff judge
advocate found the discharge legally sufficient.
On 24 January 1986, the commander ordered the applicant be
separated with a general discharge. He was separated on
5 February 1986 with a general (under honorable conditions)
discharge and his narrative reason for separation was listed as
misconduct drug abuse.
On 29 October 2014, a request for post-service information was
forwarded to the applicant for response within 30 days
(Exhibit C). As of this date, no response has been received by
this office.
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 during the discharge process. 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, or unduly harsh. In the
interest of justice, we considered upgrading the applicants
discharge on the basis of clemency; however, we found the evidence
submitted insufficient to compel us to recommend granting the
request on that basis. Therefore, 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-2013-05641 in Executive Session on 4 December 2014, under the
provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket Number
BC-2013-05641 to was considered:
Exhibit A. DD Form 149, dated 11 Nov 13, w/atchs.
Exhibit B. Applicant's Master Personnel Record Excerpts.
Exhibit C. Letter, SAF/MRBR, dated 29 Oct 14.
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