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 applicants 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 applicants 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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