RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02218
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general under honorable conditions discharge be upgraded to
honorable.
APPLICANT CONTENDS THAT:
In 1978, he was cited for possession of marijuana residue in
his car while returning from a night out with fellow airmen.
His First Sergeant was notified and to his knowledge, no action
was taken for a couple of months. He had planned on not
reenlisting and when offered a general under honorable
conditions discharge, he accepted.
On 3 Jan 14, after having served for more than 34 years as a
federal civil servant, he retired. He is trying to become a
member of USAA and is not able to do so with anything except an
honorable discharge. The board should find it in the interest
of justice to consider his untimely request so he may be able to
get the insurance coverage he desires.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 22 Aug 75, the applicant entered the Regular Air Force.
On 19 Nov 78, according to DD Form 1569, Incident/Complaint
Report, the local county jailer telephone the base security
police to notify them of the applicants off base arrest for
possession of a controlled substance, speeding and having no
drivers license.
On 30 Nov 78, he pleaded guilty to illegal possession of a
controlled substance (marijuana), an offense punishable under
Article 134 of the UCMJ.
On 12 Jan 79, his squadron commander notified him he was
recommending him for discharge under provisions of AFM 39-12,
Separation for Unsuitability, Misconduct, Resignation or Request
for Discharge for the Good of the Service, chapter 2, section C,
paragraph 2-23, for his civil court conviction for possession of
a controlled substance. The applicant acknowledged receipt the
same day.
On 18 Jan 79, he submitted a statement to the approval authority
offering his conditional waiver of rights associated with an
administrative discharge board hearing contingent upon him
receiving a general discharge.
On 5 Feb 79, the Staff Judge Advocate (SJA) found the discharge
proceedings legally sufficient and recommended the applicant be
given a general discharge without probation and rehabilitation.
On 12 Feb 79, the approval authority approved his commanders
recommendation that he be administratively discharged under the
provisions of AFM 39-12, section C, chapter 2, paragraph 2-23
for conviction by civil authorities.
On 16 Feb 79, the applicant received a general under honorable
conditions discharge. He was credited with 3 years, 4 months
and 25 days of active service.
On 4 Jun 14, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(Exhibit C). As of this date, no response has been received by
this office.
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 to recommend granting relief on that basis.
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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-02218 was considered:
Exhibit A. DD Form 149, dated 20 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Clemency Bulletin, dated 4 Jun 14.
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k. On 4 Apr 79, the applicant was in violation of AFR 35-10 and again failed to go at the prescribed time to his appointed place of duty. On 9 Nov 79, 22 Nov 79, 2 Dec 79 and 11 Dec 79, the applicant's commander received notice from American Express stating that the applicant's account was overdrawn. On 21 Jan 80, 5 Feb 80, 11 Feb 80, 14 Mar 80, 15 Mar 80 and 15 Apr 80, the applicant's commander received notice from AAFES stating that the applicant had written numerous dishonored checks.
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