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AF | BCMR | CY2014 | BC 2014 02349
Original file (BC 2014 02349.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s 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 Board’s 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 applicant’s 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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