RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00822
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be updated to
Honorable.
APPLICANT CONTENDS THAT:
He was discharged over 31 years ago, when he was very young. He
would like his discharge updated so he may take advantage of
educational benefits provided by the Department of Veterans
Affairs.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 18 Jul
83.
On 10 Jan 84, the applicant admitted in a sworn statement to
smoking marijuana.
On 1 May 84, the applicant received a Letter of Reprimand (LOR)
and establishment of an Unfavorable Information File (UIF) for
admitting to smoking marijuana.
On 9 May 84, the applicant was notified by his commander he was
being recommended for discharge pursuant of AFR 39-10,
Separation Upon Expiration of Term of Service, for Convenience
of Government, Minority, Dependency and Hardship, Chapter 5,
Section H, paragraph 5.49c for his admitted use of marijuana.
On 14 May 1984, after consulting with counsel, the applicant
waived his rights to an administrative discharge board
contingent upon his receipt of no less than a general (under
honorable conditions) discharge.
On 18 May 84, the Staff Judge Advocate reviewed and found the
discharge package legally sufficient. They recommended a
General (Under Honorable Conditions) discharge.
On 30 May 84, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 10 months
and 13 days of active service.
A request for post-service information was forwarded to the
applicant on 25 Apr 14, for review and comment within 30 days.
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 an 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, in the absence of any evidence related to the
applicants post-service activities, there is no way for us to
determine if the applicants accomplishments since leaving the
service are sufficiently meritorious to overcome the misconduct
for which he was discharged. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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-2014-00822 in Executive Session on 21 Nov 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bulletin - Clemency.
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