RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03063
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes there was a change order for veterans to upgrade
their discharge characterization.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
entered active duty on 17 May 1968. He was progressively
promoted to the grade of sergeant (E-4).
On 22 November 1971, the applicant was convicted in the Circuit
Court of the City of Hampton, Virginia, for possession of
marijuana in violation of Virginia Statutes Section 54.524.01.
The offense for which he was convicted is punishable by the
Uniform Code of Military Justice (UCMJ) with confinement in
excess of one year and also involves moral turpitude as defined
in Air Force Manual (AFM) 39-12.
Based upon the applicants civilian conviction, his commander
notified him that he was being recommended for an undesirable
discharge in accordance with Air Force Manual 39-12, Section C,
paragraph 2-23.
The applicant acknowledged his commanders notification,
consulted counsel, waived his right to have his case processed
before an administrative board, and submitted statements in his
own behalf.
After considering the case file, the Staff Judge Advocate found
the case to be legally sufficient; however, recommended a general
discharge as more appropriate in lieu of the applicants offense
and based on his prior service.
On 23 February 1972, the discharge authority approved the
counsels recommendation and directed the applicant be discharged
with a General Discharge Certificate.
The applicant was discharged from active duty effective 2 March
1972 with a general (under honorable conditions) discharge.
On 24 January 2013, the applicant was given an opportunity to
submit comments about his post service activities (Exhibit C).
As of this date, this office has received no response.
_________________________________________________________________
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 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 characterization of his
discharge on the basis of clemency; however, since the applicant
has not provided any evidence concerning his post-service
activities no basis exists for such consideration. Based on the
foregoing, we find no basis to recommend granting the relief
sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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-2012-03063 in Executive Session on 16 April 2013, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2012-02996:
Exhibit A. DD Form 149, dated 9 Jul 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 25 Jan 13, w/atrch.
Panel Chair
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