RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01268 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was not discharged for being a deserter. He was discharged for bringing marijuana on the base. He accepted the general discharge because he signed a statement reflecting the discharge would be upgraded in one year. In support of his request, the applicant provides a copy of a DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 12 Dec 74, the applicant contracted his enlistment in the Regular Air Force. He served as an Aircrew Life Support Specialist. On 22 Oct 76, the applicant’s commander notified him that he was recommending his discharge from the Air Force for apathy and defective attitude. The specific reasons for the discharge action were checks written with insufficient funds, delinquent payments, failure to report for duty, failure to report on time for work, absent without leave (AWOL), and possession of marijuana. For these infractions the applicant received several counselings, and nonjudicial punishment. An evaluation officer was appointed to review his case. The evaluation officer conducted an interview with the applicant, reviewed the applicant’s records and comments by his commander, and advised him of his rights. The applicant acknowledged receipt of the notification for discharge and, after consulting with the evaluation officer, waived his rights to submit statements in his own behalf. The evaluation officer recommended separation with a under honorable conditions (general) discharge without probation and rehabilitation. The legal office reviewed the case and found it legally sufficient to support the action and the discharge authority directed a general discharge without probation and rehabilitation. He was discharged on 9 Nov 76 and was credited with two years, one month and ten days of active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. On 18 Oct 11, a copy of the Investigative Report and a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit D). In response, the applicant states he started using marijuana due to his family situation. He had to provide over half of his salary to his ex- wife and child, so he started selling marijuana to supplement his income. He is currently in prison but has been recommended for early release. He needs his discharge upgraded to be eligible for programs through the Department of Veterans Affairs (DVA) to be able to get the additional support he will need to continue on a positive path. He requests his discharge be upgraded based on clemency. The applicant’s complete response, with attachments, 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. We took notice of the applicant's complete submission, to include his rebuttal response, 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. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to persuade us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. ______________________________________________________________ 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-2011-01268 in Executive Session on 6 Dec 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Mar 11, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Investigative Report. Exhibit D. Letter, AFBCMR, dated 18 Oct 11, w/atch. Exhibit E. Letter, Applicant, dated 14 Nov 11, w/atchs. Panel Chair