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 applicants 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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