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AF | BCMR | CY2013 | BC-2013-01923
Original file (BC-2013-01923.txt) Auto-classification: Denied

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01923
		COUNSEL:  NONE
		HEARING DESIRED:  NOT INDICATED

________________________________________________________________
_

APPLICANT REQUESTS THAT:

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

2.  His narrative reason for separation (Misconduct Abuse – Eval 
Officer) be changed.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He has matured since his discharge from the Air Force – 30 years 
ago.  The change in his character of service and narrative 
reason will help him as far as benefits for school.

In support of the applicant’s claim, he provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty.

The applicant's complete submission, with attachment, is at 
Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 20 December 
1978.

The applicant was notified by his commander of his intent to 
recommend his discharge from the Air Force under the provisions 
of AFM 39-12.  The specific reason was the result of the 
applicant’s own admission that he had no intentions of 
abstaining from the use of illegal drugs after being apprehended 
for possession of marijuana.  His use of illegal drugs was 
indicative of his refusal to comply with Air Force standards 
concerning the use of illegal drugs.





The applicant was advised of his rights in the matter.

An evaluation officer reviewed the case and recommended the 
applicant be discharged with service characterized as general.  
The evaluation officer stated by the applicant’s own admission 
he intended to continue the use of illegal drugs.

In a legal review of the case file, the assistant staff judge 
advocate found the case legally sufficient and recommended 
discharge.  The discharge authority concurred with the 
recommendation and directed a general (under honorable 
conditions) discharge.  The applicant was discharged on 31 July 
1980.  He served 1 year, 7 months, and 12 days on active duty.

On 13 June 1983, the Air Force Discharge Review Board (AFDRB) 
considered and denied the applicant’s request that his general 
(under honorable conditions) discharge be upgraded to honorable.  
The board concluded that the discharge was consistent with the 
procedural and substantive requirements of the discharge 
regulation and was within the discretion of the discharge 
authority and that the applicant was provided full 
administrative due process.  The board determined the misconduct 
exhibited by the applicant precluded the upgrading of his 
discharge (Exhibit B).

On 23 December 2013, a request for information pertaining to his 
post-service activities was forwarded to the applicant for 
review and response 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 warranting the 
applicant’s character of service and narrative reason for 
separation changed.  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, 
based on the evidence before us, we find no basis to grant 
clemency at this time.  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 issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________
_

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an 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-2013-01923 in Executive Session on 28 January 2014, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 10 April 2013, w/atch.
  Exhibit B.  Applicant’s Master Personnel Records.
  Exhibit C.  Letter, SAF/MRBC, dated 23 December 2013.





 

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