RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03609
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge be upgraded.
________________________________________________________________
APPLICANT CONTENDS THAT:
After five years of honorable service he went to the substance
abuse clinic to get help knowing he had Tetrahydrocannabinol
(THC) in his system. After completing rehabilitation, he was
notified that he failed his urinalysis and decided to leave the
Air Force. He was wrong and regrets his decision. He wanted to
continue serving his country. He is currently clean, sober, and
employed at the XXXXXXX International Airport.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 25 Jun 1978, the applicant enlisted in the Regular Air Force
for a period of four years.
On 26 May 1983, he was discharged for the purpose of
reenlistment.
On 27 May 1983, the applicant reenlisted in the Regular Air
Force.
On 3 Oct 1985, the applicants supervisor recommended his
Noncommissioned Officer (NCO) status be vacated and his
reenlistment be denied due to his failure to abstain from drug
use. On or about 3 Oct 1985, the commander concurred with the
supervisors recommendation.
On 4 Oct 1985, the applicant acknowledged receipt of
denial/vacation of his appointment to NCO status and stated he
did not intend to appeal this decision.
On 27 Mar 1986, he was discharged from the Air Force, with
service characterized as under other than honorable conditions
with a narrative reason for separation of Misconduct Drug
Abuse.
He served approximately 8 years and 9 months of net active
service.
On 11 Mar 2013, a request for post-service information was
forwarded to the applicant for review and comment 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 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 to compel us to recommend granting the relief sought
on that basis. Therefore, in the absence of evidence to the
contrary, we find no basis upon which 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 this application
in Executive Session on 21 May 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-03609:
Exhibit A. DD Form 149, dated 8 Aug 2012, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 11 Mar 2013, w/atch.
Panel Chair
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