RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01637
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
He would like to have his general discharge upgraded to
honorable.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
26 Jan 82.
On 5 Jul 84, the applicant was notified by his commander of his
intent to recommend his discharge for misconduct - drug abuse
under the provisions of AFR 39-10, Paragraph 5-49c. The reasons
for the action were that on or about 16 May 84 and on or about
1 May 83 he wrongfully used marijuana, for which he twice
received an Article 15.
On 5 Jul 84, the applicant acknowledged receipt of the action
and waived his right to consult with counsel and to submit
statements on his own behalf.
On 23 Jul 84, the applicant was furnished a general discharge,
and was credited with 2 years, 5 months, and 28 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. As of this date, no response has been received by this
office (Exhibit C).
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-2014-01637 in Executive Session on 18 Dec 14, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-01637 was considered:
Exhibit A. DD Form 149, dated 17 May 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 28 Apr 14.
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