RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01568 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: The characterization of his discharge was unreasonable and does not fit the reason for separation. He was an exemplary officer and made a small mistake and was punished based on his association with enlisted personnel. However, it has now been almost 30 years since his discharge and believes that since he served his country honorably, his discharge should reflect the same. In support of his appeal, the applicant submits a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 14 Aug 81 separation. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered extended active duty on 22 May 77 as a second lieutenant. While serving in the grade of first lieutenant, on 10 Sep 80, the applicant was recommended for administrative discharge action under the provisions of AFR 36-2, Commissioned Officer. The specific reason for the proposed action was based on information received from the Air Force Office of Special Investigations (AFOSI) that the applicant’s participated in the use of marijuana. The applicant denied the use of marijuana and accepted a polygraph examination. Subsequent to the polygraph finding the applicant untruthful he admitted to the use of marijuana one time at an off-base location After consulting with counsel, the applicant’s case was heard by a Board of Inquiry (BOI). The BOI recommended the applicant be separated with a general discharge, without probation and rehabilitation (P&R). The Secretary of the Air Force Personnel Council (SAFPC) recommended the applicant be separated with a general (under honorable conditions) discharge. SAFPC ordered the applicant be issued a general discharge certificate and that he be discharged from all appointments. On 14 Aug 81, the applicant was discharged from all appointments under the provisions of AFR 36-2, by reason of involuntary discharge: unfit, unacceptable conduct, with service characterized as general (under honorable conditions). He was credited with 4 years, 2 months, and 20 days of active duty service. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C. On 27 Dec 11, a copy of the FBI report was forwarded to the applicant for comment. At that time, he was also invited to provide additional evidence pertaining to his activities since leaving the service (Exhibit D). In his response, the applicant indicates that it has been 30 years since his discharge; he has earned an undergraduate and graduate degree and deserves a second chance to upgrade his discharge. In support of his appeal, the applicant provides a personal statement, a copy of his school transcript, and a resume of his employment history. 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 in judging the merits of the case; however, we find no evidence of an error or injustice that occurred during the discharge process. 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. The applicant provided a personal statement in support of his appeal to have his discharge upgraded based on clemency; however, considering his overall record of service-and the seriousness of the offenses which led to his administrative separation, we are not persuaded that an upgrade of the characterization of his discharge is warranted on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought in this application. ________________________________________________________________ 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-2011-01568 in Executive Session on 26 January 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Apr 11, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report of Investigation, 17 May 2011. Exhibit D. Letter, AFBCMR, dated 27 Dec 11, w/atchs. Exhibit E. Letter, Applicant, 11 Jan 12, w/atchs.