RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03450
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
He was good at his job but made a mistake. A random urinalysis
test revealed the use of marijuana. He did use marijuana but
was not given a chance to complete rehabilitation. His eight
years of otherwise honorable and faithful service should be
considered as evidence to show he was a good Non-Commissioned
Officer (NCO).
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
23 Feb 77.
On 16 Jul 84, the applicants commander notified him that he was
recommending his discharge for misconduct - drug abuse, under
the provisions of AFR 39-10, Administrative Separation of
Airmen. The reason for this action is as follows: On 1 Jun 84,
the applicants urinalysis tested positive for marijuana, for
which he received an Article 15, dated 26 Jun 84. The commander
did not recommend probation or rehabilitation based on the
circumstances of the discharge.
On 17 Jun 84, the applicant acknowledged receipt of the action
and of his right to consult with legal counsel and submit
statements on his own behalf.
On 17 Jun 84, after consulting with legal counsel, the applicant
waived his rights associated with an administrative discharge
board hearing, contingent upon receipt of no less than a general
discharge.
On 23 Jul 84, the action was found to be legally sufficient and
the discharge authority concurred with the commanders
recommendation, directing the applicant be issued a general
(under honorable conditions) discharge without probation and
rehabilitation.
On 12 Sep 84, the applicant was furnished a general (under
honorable conditions) discharge for misconduct drug abuse and
was credited with seven years, eight months, and one day of
active service.
On 2 Sep 14, a request for post-service information was
forwarded to the applicant for review and response 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 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, in the absence of any evidence related to the
applicants post-service activities, there is no way for us to
determine if the applicants accomplishments since leaving the
service are sufficiently meritorious to 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-2014-03450 in Executive Session on 14 May 15, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-03450 was considered:
Exhibit A. DD Form 149, dated 22 Aug 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 2 Sep 14.
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