RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01153 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: Other individuals have been awarded the same distinction six months after their discharge. The applicant did not provide any documentation in support of his request. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 10 October 1980, the applicant enlisted in the Regular Air Force. On 14 December 1981, the applicant received a Letter of Reprimand (LOR) for making an obscene gesture. In August 1982, he received another LOR for failure to go. On 26 August 1982, he received a Letter of Counseling (LOC) for dereliction of duty. On 2 November 1982 and 20 August 1983, he received two more LOCs for dereliction of duty and failure to go. On 29 August 1983, the applicant received punishment under Article 15, Uniform Code of Military Justice (UCMJ), for the wrongful use of marijuana. He received a reduction to airman first class and forfeiture of $100 for one month. On 26 September 1983, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, for misconduct. The specific reason for this action is conduct prejudicial to good order and discipline. On 26 September 1983, the applicant acknowledged receipt of the notification of discharge. On 28 September 1983, the applicant submitted a statement on his own behalf. On 29 September 1983, the Acting Staff Judge Advocate recommended to the Combat Support Group Commander that the applicant be discharged and issued a general discharge, and that he not be offered probation and rehabilitation. On 4 October 1983, the discharge authority recommended approval of his discharge. On 7 October 1983, the applicant was discharged from the Air Force with a general (under honorable conditions) discharge without probation and rehabilitation in the grade of airman first class. He served 2 years, 11 months and 28 days of total active service. Pursuant to the Board’s request, the Federal Bureau of Investigations (FBI), Clarksburg, WV, provided a copy of an Investigative Report (Exhibit C). On 13 May 2011, a copy of the Investigative Report and a request for post-service information were forwarded to the applicant for response within 30 days (Exhibit D). _________________________________________________________________ APPLICANT REVIEW OF AIR FORCE EVALUATION: The applicant states he was a good airman who was qualified in his Air Force Specialty Code (AFSC) as an expert marksman with the M-16, M-60 machine gun and the 203 grenade launcher. When his wife who was also an active duty member had an affair he became very depressed. So instead of him seeking counseling he started hanging out with the wrong people, drinking heavily and smoking marijuana. He understood this lifestyle was not conducive or acceptable with military standards, but he was depressed. After being discharged, he started on a path to care for and help the people in his community. He is an active member of the Alpha Masons and has volunteered to help with the Special Olympics program, Habitat for Humanity. He has a 25 year history of officiating high school and college football, high school basketball and lacrosse. He has held many jobs and has been gainfully employed by Product Development Corporation as a Field Supervisor for the past three years. The applicant’s complete submission is at Exhibit E. _________________________________________________________________ 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 error or injustice. After careful consideration of the available evidence, we found no indication the actions taken to affect his discharge and the characterization of his service were improper, contrary to the provisions of the governing regulations in effect at the time, or based on factors other than his own behavior and inability to comply with standards. In addition, we find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency. We have considered the applicant’s overall record of service, the events which precipitated the discharge, the contents of the FBI report and the limited documentation related to his post-service activities and accomplishments, however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2011-01153 in Executive Session on 21 June 2011, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 March 2011. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Investigation, dated 27 April 2011. Exhibit D. SAF/MRBC, Letter, dated 13 May 2011. Exhibit E. Letter, Applicant, undated, w/atchs. Panel Chair