RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04779 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His Place of Entry Into Active Duty, as reflected on his 20 Nov 85 DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to read “San Antonio, Texas.” 2. His General (Under Honorable Conditions) discharge be upgraded to Honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: 1. His DD Form 214 currently reflects the location at which he reenlisted, not his home of record. His home of record has always been San Antonio, Texas. 2. He was only charged with drug use based upon testimony, and was never given a drug test. He would like to pursue educational benefits, which he feels he is entitled to. In support of his appeal, the applicant provides copies of his DD Form 214 and his DD Form 4/1, Enlistment/Reenlistment Document—Armed Forces of the United States. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to the applicant’s military personnel records, he enlisted in the Air Force on 27 May 80. On 15 Nov 85, his commander notified him he was recommending his discharge for drug abuse. The reason for this action was wrongful use of marijuana on or about 4 Jul 83, for which he received Non-judicial Punishment under Article 15 of the Uniform Code of Military Justice (UCMJ). The applicant acknowledged he consulted with legal counsel and waived his right to submit a statement. On 15 Nov 85, his commander recommended him for discharge. On 18 Nov 85, the case was reviewed and found to be legally sufficient, and on 19 Nov 85, the discharge authority directed his discharge. On 20 Nov 85, the applicant was furnished a General (Under Honorable Conditions) discharge for misconduct—drug abuse, and was credited with 1 year, 5 months, and 24 days of active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report indicating they were unable to locate an arrest record on the basis of the information provided. On 25 May 12, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit D). In response, the applicant adds he is proud to have been married for 32 years, is the father of two and the grandfather of two. He has consistently held long-term employment, and has not been in trouble with the law in any capacity for at least twenty years. He and his wife have been active Church members and ushers for 15 years (Exhibit D). ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOY recommends approval of the request to correct his Place of Entry Into Active Duty on his DD 214. At the time of separation, the applicant’s DD 214 contained incorrect information. He provided a copy of his initial enlistment contract, which shows his Place of Entry and Home of Record are both San Antonio, Texas. A complete copy of the AFPC/DPSOY evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 29 Feb 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F). ________________________________________________________________ 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 concerning the applicant’s request to upgrade his discharge. 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 process. Based on the available evidence of record, it appears the applicant’s General (Under Honorable Conditions) discharge for drug abuse was consistent with the substantive requirements of the discharge regulation and within the discharge authority’s discretion. The applicant has provided no evidence which would lead us to believe his General (Under Honorable Conditions) discharge was improper or contrary to the provisions of the governing directives. In the interest of justice, we considered upgrading the discharge on the basis of clemency; however, we do not find the evidence presented is sufficient for us to recommend granting the relief sought on that basis at this time. Notwithstanding the above, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice with respect to his place of entry into active duty as reflected on his 20 Nov 85 DD Form 214. Therefore, we recommend that his records be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that Block 6, Place of Entry Into Active Duty, of his 20 Nov 85 DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect “San Antonio, Texas,” rather than “Las Vegas, NV.” ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04779 in Executive Session on 7 Aug 12, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-04779 was considered: Exhibit A. DD Form 149, dated 7 Dec 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 25 May 12, w/atch. Exhibit D. Letter, Applicant, dated 13 Jun 12. Exhibit E. Letter, AFPC/DPSOY, dated 21 Feb 12. Exhibit F. Letter, AFBCMR, dated 29 Feb 12.