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 applicants 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
applicants 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 applicants 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 applicants 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
applicants 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. Applicants Master Personnel Records.
Exhibit C. Letter, SAF/MRBC, dated 23 December 2013.
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