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AF | BCMR | CY2013 | BC-2013-01443
Original file (BC-2013-01443.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01443
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to “honorable.”

________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge prevents him from getting better paying jobs.  He 
has learned from his experience and is moving in a positive 
direction.

The applicant provides no documents in support of his request.

His complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 30 Apr 1998, the applicant enlisted in the Regular Air Force 
for a period of four years.

On 24 Mar 1999, his commander notified him that he was 
recommending he be discharged under the provisions of AFI 36-
3208, Administrative Separation of Airmen, for “Misconduct”.  
The specific reasons for his action are the applicant’s wrongful 
use of marijuana and making a false official statement.

On 24 Mar 1999, the applicant acknowledged receipt of the 
discharge notification.

On 26 Mar 1999, the Staff Judge Advocate (SJA) found the 
discharge legally sufficient.

On 5 Apr 1999, he was discharged from the Air Force with a 
general (under honorable conditions) discharge.  The narrative 
reason for separation was “Misconduct.”  He served a total of 
11 months and 5 days of active duty.

On 29 Oct 2013, a request for post-service information was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit C).

________________________________________________________________

THE AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  DPSOR states that the applicant 
did not provide any evidence of an error or injustice that 
occurred in the discharge processing.  Based on the 
documentation on file in the master personnel records, the 
discharge to include his narrative reason for separation was 
consistent with the procedural and substantive requirements of 
the discharge instruction and was within the discretion of the 
discharge authority.  In accordance with AFI 36-3208, members 
who abuse drugs adversely affect the ability of the Air Force 
to: maintain discipline, good order, and morale; foster mutual 
trust and confidence among members; facilitate assignments and 
worldwide deployment; recruit and retain members; maintain 
public acceptability of military service; and prevent breaches 
of security.  The applicant's wrongful use of marijuana clearly 
provides a sufficient basis for discharge.

The complete DPSOR evaluation is at Exhibit D.

________________________________________________________________

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 additional 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.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

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 17 Dec 2013, under the provisions of AFI 
36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered in AFBCMR BC-
2013-01443:

    Exhibit A.  DD Form 149, dated 15 Mar 2013.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR, dated 29 Oct 2013, w/atch.
    Exhibit D.  Letter, AFPC/DPSOR, dated 16 May 2013.
    Exhibit E.  Letter, SAF/MRBR, dated 5 Jul 2013.




                                   
                                   Panel Chair

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