RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05667
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to an Honorable Discharge.
APPLICANT CONTENDS THAT:
Other than one positive blood test he otherwise had a fine
record. He has been a good citizen since his discharge and feels
his service should reflect this.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
28 April 1981.
On 15 January 1985, 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, para 5-49c. The reason for this action
was that on or about 30 August 1984, the applicant tested
positive for marijuana on a urinalysis test from a random
inspection of squadron members, for which he received an
Article 15.
On 21 January 1985, after consulting with legal counsel, the
applicant submitted a statement in regards to the Article 15
action as to why his urinalysis test came back positive and a
copy of an Air Force Times article. The applicant challenged
the validity of the urinalysis and cited his good record.
On 5 February 1985, the action was found to be legally
sufficient.
On 19 February 1985, the applicant was furnished with a general
(under honorable conditions) discharge and was credited with 3
years, 9 months, and 22 days of active service.
On 6 July 1988, the applicant applied to the Air Force Discharge
Review Board (AFDRB) to have his discharge upgraded to
Honorable. The applicant appeared in person, with counsel, on
30 January 1989. The AFDRB denied his request, concluding the
discharge was consistent with the procedural and substantive
requirements of the discharge regulation, was within the
discretion of the discharge authority and that he was provided
full administrative due process.
On 15 October 2014, 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 applicant's complete submission, to include his
rebuttal response, 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,
we do not find the evidence presented is sufficient for us to
conclude that such action is warranted. Therefore, in the
absence of evidence to the contrary, we find no basis 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-2013-05667 in Executive Session on under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Dec 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 15 Oct 14.
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