RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02349
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
He served honorably and feels the level of punishment he
received was unfair. He is now drug free and has changed his
life. He is currently undergoing counseling for Post-Traumatic
Stress Disorder (PTSD). The effects of PTSD have changed his
life.
In support of his request, the applicant provided four Letters
of Recommendation.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 1 Jul
76.
On 14 Feb 84, the applicant accepted an Article 15, Nonjudicial
Punishment, for wrongfully possessing some quantity of marijuana
a violation of Article 134 of the Uniform Code of Military
Justice. He was reduced in grade to sergeant, ordered to
forfeit $200.00 per month for two months, and ordered to perform
45 days of extra duty.
On 8 Mar 84, the applicants commander recommended him for
discharge for misconduct based on Drug Abuse in accordance with
AFR 39-10, Enlisted Personnel-Separation, Chapter 5, paragraph
5-49c.
On 13 Mar 84, the applicant offered a conditional waiver of his
rights contingent on receipt of no less than a General (Under
Honorable Conditions) discharge.
On 23 Mar 84, the Staff Judge Advocate reviewed the discharge
request and found no errors or irregularities.
On 27 Mar 84, the discharge authority approved the Conditional
Waiver and ordered a General (Under Honorable Conditions)
discharge without probation and rehabilitation.
On 11 Apr 84, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 7 years,
9 months, and 11 days of active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) indicated that on the basis of the
information provided, they were unable to locate an arrest
record.
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-2014-02349 in Executive Session on 28 Apr 15 and
15 May 15 under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02349 was considered:
Exhibit A. DD Form 149, dated 3 Jun 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 23 Jan 15.
Exhibit D. FBI Report, dated 30 Apr 15.
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