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AF | BCMR | CY2014 | BC 2014 01753
Original file (BC 2014 01753.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01753

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

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


APPLICANT CONTENDS THAT:

He has been a productive person in the civilian work force, has 
changed his lifestyle, and has been recognized by his peers and 
managers for making a difference in his work environment.

The applicant provides evidence in support of his appeal 
consisting of an annual performance review, letter of 
outstanding achievement, and a character reference letter from 
his supervisor.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 12 Jan 
79.  This discharge period is covered from 3 Nov 82 through 10 
Dec 87.

On 26 Oct 87, the applicant was notified by his commander of his 
intent to recommend his discharge for commission of a serious 
offense (drug abuse) under the provisions of AFR 39-10, 
Paragraph 5-49c.  The reason for the action was that on or about 
17 Aug 87, the applicant wrongfully used marijuana (positive 
urinalysis) in violation of Article 112a of the Uniform Code of 
Military Justice (UCMJ), for which he received an Article 15 on 
8 Oct 87.  

On 29 Oct 87, the applicant acknowledged receipt of the action 
and of his right to consult with legal counsel.  He subsequently 
submitted a request for a conditional waiver of administrative 
discharge board proceedings, provided he receive no less than a 
general discharge.   
On 10 Dec 87, the applicant was furnished a general discharge, 
and was credited with 8 years, 10 months, and 29 days of total 
active service.   

On 30 Apr 14, a request for post-service information was 
forwarded to the applicant of review and comment within 30 days.  
In response, the applicant provided a copy of his FBI report 
(Exhibits C and D).


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, we do not find the evidence presented is 
sufficient for us to conclude that the applicant’s post-service 
activities 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-2014-01753 in Executive Session on 18 Dec 14, under 
the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 24 Apr 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 30 Apr 14.
	Exhibit D.  Letter, Applicant, undated, w/atch.

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