RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01996
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
His service characterization was inequitable because it was
based on one isolated incident over a four year period with no
other adverse actions.
Upon discharge the applicant encountered a downward spiral of
family separation, homelessness, drug dependency and
incarceration, for which he has dramatically recovered. Since
his release from prison, he secured clemency from the Florida
Clemency Board, became a licensed practical nurse, a licensed
mental health counselor, a certified school guidance counselor,
a social science teacher and a national board certified
counselor. He also earned a Masters Degree from Webster
University and is a Doctoral Candidate at Barry University
working towards a PhD in marriage and family therapy. The
applicant is also a pastor in his local church.
The applicant submits a Certificate of Restoration of Civil
Rights from the state of Florida, a Nursing License from the
state of Florida, a Mental Health Counselor License from the
state of Florida, a Master of Arts Degree from Webster
University, a National Board for Certified Counselors
Certificate, and a Professional Educators Certificate to teach
Guidance, Counseling and Social Science.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 9 Nov
79.
On 29 Nov 83, the applicant received an Article 15, Nonjudicial
Punishment, for wrongful use of marijuana. He received a
reduction to airman first class and ordered to forfeit $380 a
month for one month.
On 15 Dec 83, the applicant was notified of his commanders
intent to recommend discharge for drug abuse under the
provisions of AFR 39-10, Separation Upon Expiration of Term of
Service, for Convenience of Government, Minority, Dependency and
Hardship, Chapter 5, paragraph 5-49c.
On 23 Dec 83, a legal review found the package legally
sufficient.
On 3 Jan 84, the discharge authority approved a General (Under
Honorable Conditions) discharge. Probation and rehabilitation
was considered but not afforded.
On 11 Jan 84, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 4 years,
2 months, and 3 days of active service.
On 14 May 14, SAF/MRBR provided the applicant with a Clemency
Information Bulletin for review and comment.
On 23 Jun 2014, the Federal Bureau of Investigation (FBI) report
indicated a search of the fingerprints provided by the applicant
reveal no further arrests after 3 May 88.
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 RECOMMENDS 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-2014-01996 in Executive Session on 16 Dec 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information BulletinClemency, dated 14 May 14.
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