RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03007
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Bad Conduct discharge be upgraded to Honorable.
APPLICANT CONTENDS THAT:
His characterization of service has been held over his head for
24 years; whereas, civilians convicted of more brutal crimes
have had their records expunged.
Since his discharge, he has not had any further convictions and
pleads to the Board to favorably consider his request.
In support of his request, the applicant provides VA Form 21-
4138, Statement in Support of Claim, dated 23 Jul 14 with two
statements of support.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 4 May
83.
On 29 Feb 88, the applicants Commander vacated his
Noncommissioned Officer (NCO) status after testing positive for
Tetrahydrocannabinol (THC).
On 15 Nov 88, the applicant was convicted by General Court-
Martial for wrongful use of marijuana a violation of Article
112a. He was sentenced to a Bad Conduct discharge, confinement
for three months, forfeiture of all pay and allowance and
reduced in grade to airman basic (E-1).
On 8 Jan 90, the Chief Military Justice confirmed the
applicants appeal had been completed and sentence affirmed.
On 11 Jan 90, the applicant was furnished a Bad Conduct
discharge, and was credited with 6 years, 5 months, and 23 days
of active service.
A request for post-service information was forwarded to the
applicant on 15 Aug 14 for review and comment within 30 days.
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 whether it is appropriate to upgrade the
discharge based on clemency; however, since the applicant did
not provide evidence of post-service activities, we are unable
to make such a determination. 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-2014-03007 in Executive Session on 2 Jun 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-03007 was considered:
Exhibit A. DD Form 149, dated 23 Jul 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Clemency Information Bulletin
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