RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05722
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to honorable.
APPLICANT CONTENDS THAT:
He made a bad judgment over 25 years ago and was discharged for a single use of cannabis. The laws have since been eased over the years regarding its use, which warrants an upgrade to his discharge. He maintained a stellar record prior to his use of cannabis and has done since being separated. He would like to erase the stigma of his discharge and be eligible for Veterans Affairs loans and other associated benefits.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted in the Regular Air Force on 19 Oct 82.
On 4 Apr 86, the applicant was notified by his commander of his intent to recommend his discharge for drug abuse under the provisions of AFR 39-10, Administrative Separation of Airmen. Specifically, the applicant tested positive for marijuana for which he received non-judicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ).
On 10 Apr 86, after consulting with legal counsel, the applicant elected not to submit a statement in his behalf.
On 14 Apr 86, the case was found to be legally sufficient.
On 21 Apr 86, the separation authority approved the commanders recommendation, directing the applicants administrative discharge without probation and rehabilitation.
On 25 Apr 86, the applicant was furnished a general discharge for Misconduct Drug Abuse, and was credited with three years, six months, and six days of total active service.
On 12 Sept 14, a request for post-service information was forwarded to applicant for 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 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 lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offense committed. In the interest of justice, we considered upgrading the discharge based on clemency, however, in the absence of any evidence related to the applicants post-service activities, there is no way for us to determine if the applicants accomplishments since leaving the service are sufficiently meritorious to overcome the misconduct for which he was discharged. 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-2013-05722 in Executive Session on 28 Oct 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05722 was considered:
Exhibit A. DD Form 149, dated 21 Nov 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 12 Sep 14, w/atch.
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