RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00855
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded.
APPLICANT CONTENDS THAT:
He is a productive citizen and had a lot of ups and downs. It
does not hurt to try and upgrade his discharge with the
situation on marijuana today.
The Board should find it in the interest of justice to consider
his untimely application because he is asking for forgiveness.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 28 Mar 74, the applicant entered the Regular Air Force.
On 6 Sep 83, he received an Article 15, Uniformed Code of
Military Justice (UCMJ) for wrongful use of marijuana within the
territorial limits of the United States between o/a 1 Jul 83-
22 Jul 83. He was reduced in rank to sergeant, forfeited $75
per month for two months and given 45 days extra duty.
According to his application for review of discharge dated
28 Feb 84, facts leading up to his discharge indicate on 13 Oct
83, his squadron commander notified him he was recommending he
be discharged UOTHC for drug abuse, per AFR 39-10, Airman
Separation Manual, paragraph 5-49c. Between on or about 1 Jul
83 and 22 Jul 83, he wrongfully used marijuana.
On 14 Oct 83, he signed a statement waiving his right to an
administrative discharge board and declined to submit statements
on his own behalf.
On 25 Oct 83, the Staff Judge Advocate found it legally
sufficient.
On 27 Oct 83, his group commander recommended he be discharged
UOTHC discharge without probation or rehabilitation.
On 28 Nov 83, the Staff Judge Advocate reviewed the case and
found it legally sufficient.
On 8 Dec 83 the discharge authority approved the UOTHC discharge
per AFR 39-10, paragraph 5-49c without probation or
rehabilitation.
On 14 Dec 83, the applicant received an UOHTC discharge, and was
credited with 9 years, 8 months and 17 days of active service.
On 28 Apr 14, a request for post-service information was
forwarded to the applicant for review and comment 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 an error or injustice. We took
notice of the applicants 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
authority. The applicant has provided no evidence which would
lead us to believe the characterization of 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 characterization of the
applicants discharge based on clemency; however, after
considering his overall record of service, the infractions which
led to his administrative separation and the lack of post-
service information we are not persuaded that an upgrade is
warranted. In view of this and in the absence of evidence to
the contrary, we find no basis upon which 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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00855 was considered:
Exhibit A. DD Form 149, dated 26 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Clemency Information Bulletin, dated 28 Apr 14.
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