RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02101
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable.
APPLICANT CONTENDS THAT:
He was influenced by older non-commissioned officers to drink and smoke marijuana. He regrets every single day the choices he made. The Air Force Office of Special Investigations (AFOSI) entrapped, threatened, and started him on a path that ruined his career. Subsequently, a discharge was initiated against him based on false information provided by the AFOSI, which led him to go absent without leave (AWOL). He realizes that his actions were his fault and he would like the only wrong that he has done in 52 years to be made right. He recently had a stroke and is concerned about his mortality. Therefore, he would like to fulfill his last wish to be an honorably discharged veteran and have honorable discharge on his headstone.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 31 August 1981.
The applicants AF Form 909, Airman Performance Report (APR) (AB thru SrA), rendered for the period 31 August 1982 through 11 November 1982, indicated his off duty bearing and behavior did not meet Air Force standards because of his involvement with illegal drugs.
On 24 January 1984, the applicant received an Article 15 for failure to go to his appointed place of duty, in violation of Article 86, Uniform Code of Military Justice (UCMJ). His punishment consisted of 30 days correctional custody.
On 8 February 1984, the applicants unserved portion of his punishment was remitted.
On 15 January 1986, the applicant received an Article 15 for wrongfully using marijuana, in violation of Article 112a, UCMJ. His punishment consisted of reduction to the grade of airman first class (E-3) and forfeitures of $200.00 pay per month for two months (suspended until 1 July 1986).
On 13 February 1986, the applicant pled guilty and was found guilty at a Special Court-Martial (SPCM) for absenting himself from his place of duty without proper authority, in violation of Article 86, Uniform Code of Military Justice (UCMJ). He was sentenced to confinement for 30 days, reduction to the grade of airman basic (E-1), and forfeitures of $400.00 pay per month for one month. He was credited with 16 days for which he was in pretrial confinement.
On 3 March 1986, the applicants commander notified him that he was recommending his discharge from the Air Force for commission of a serious offense Drug Abuse.
On 3 March 1986, the applicant acknowledged receipt of the notification of discharge and, waived his right to consult with legal counsel and to submit a statement in his own behalf.
On 4 March 1986, the applicants commander recommended that he be discharged from the Air Force for misconduct and the case was found to be legally sufficient.
On 6 March 1986, the discharge authority directed the applicant be furnished a general discharge, without probation and rehabilitation.
On 10 March 1986, the applicant was furnished a general discharge for Misconduct (Drug Abuse) and was credited with 4 years, 10 months, and 6 days of total active service.
On 26 May 2014, 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 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 process. Based on the available evidence of record, it appears the applicants general discharge for Misconduct Drug Abuse, was consistent with the substantive requirements of the discharge regulation and within the commanders discretionary authority. He has provided no evidence which would lead us to believe the characterization of his service was improper or contrary to the provisions of the governing directive. In the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of any evidence related to the applicants activities since leaving the service, we find no basis to recommend granting the relief sought on that basis. In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicants general discharge.
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-2014-02101 in Executive Session on 3 February 2015, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 May 2014, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 26 May 2014.
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