DEPARTMENT OF THE AIR FORCE WASHINGTON, DC FEB, 4 2013 Office of the Assistant Secretary MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) SUBJECT: , AFBCMR Docket No: BC-2012-01190 I have carefully considered all the facts and circumstances of this case and do not agree with the majority members of the panel that the applicant's request should be denied. The majority of the panel is not convinced that the applicant's general (under honorable conditions) discharge warrants upgrading to an honorable discharge. I note that the applicant's discharge for drug abuse was not an error, was consistent with the procedural and substantive requirements of the discharge instruction, and was within the discretion of the discharge authority. However, the applicant's conduct in the 16 years since his discharge calls for consideration of upgrading his discharge based on clemency. Since his discharge, the applicant has lived a spotless life. There are no entries in his record indicating any criminal activity other than the original charge of drug use. He has been continuously employed, has married and is the father of two children. His father and wife submitted letters attesting to his work ethic, standards of personal conduct, and dedication to his family. Accordingly, while the applicant's general (under honorable conditions) discharge may have been appropriate at the time, I believe the evidence submitted by the applicant clearly demonstrates that his contributions to his family and community since his discharge are sufficient to overcome his misconduct which, according to the evidence of record, was a one-time departure from his otherwise exemplary service. Therefore, in the interest of justice, I believe it appropriate to upgrade the applicant's general (under honorable conditions) character of service to honorable. Please advise the applicant accordingly. Director Air Force Review Boards Agency ----------------------------------------------------------------------------------------------------------- DEPARTMENT OF THE AIR FORCE WASHINGTON, DC FEB 4 2013 Office of the Assistant Secretary AFBCMR BC-2012-01190 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code, it is directed that: The pertinent military records of the Department of the Air Force relating to , be corrected to show that on 26 June 1995, he was honorably discharged and furnished an Honorable Discharge Certificate. Director Air Force Review Boards Agency ---------------------------------------------------------------------------------------------------------------------------- RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01190 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. APPLICANT CONTENDS THAT: At the time of his discharge he met the criteria for a waiver of discharge and had the support of his commanding officers. In support of the request, the applicant provides copies of documents related to his request The applicant's complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 15 Sep 94, the applicant contracted his enlistment in the Regular Air Force. He served as a Security Apprentice. On 23 May 96, the applicant' s commander notified him that he was recommending his discharge from the Air Force for drug abuse. The specific reason for the discharge action was on 19 Mar 96, he received an Article 15 for wrongful use of marijuana. For this misconduct he was reduced in rank to the grade of airman and received 30 days restriction to the base. His commander advised him of his rights in this matter. On 3 Jun 96, he acknowledged receipt of the notification letter and, after consulting with legal counsel, submitted a statement in his own behalf. On 27 Mar 96, a request for a waiver of discharge was submitted by the applicant' s first sergeant with his commander 's endorsement. The waiver states the applicant meets all seven retention criteria. The legal office conducted a legal review and the staff judge advocate (SJA) found the case legally sufficient to support separation and recommended a general (under honorable conditions) discharge without probation and rehabilitation. The SJA further noted it appears the applicant has met 1 through 5 and 7 of the retention criteria, but has not met the criteria for number 6. The applicant has support from members in his squadron for retention; however, those who support the applicant do not address the broader question of drug abuse on a base with a nuclear mission. Consideration should be given to the broader picture--the mission of the base, and the impact that drug abuse among members in sensitive positions would have on the mission-­ retention does not seem to be in the best interest of the Air Force. The applicant has not submitted evidence that justifies his retention. On 24 Jun 96, the discharge authority directed the applicant be furnished a general (under honorable conditions) discharge and he was discharged on 26 Jun 96 and credited with 1 year, 9 months, and 12 days of active service. A copy of a Federal Bureau of Investigation (FBI) report, provided pursuant to the Board' s request, contained no entries subsequent to the applicant' s discharge (Exhibit C). On 27 Jun 12, the Board staff requested the applicant provide documentation concerning his activities since leaving milltary service (Exhibit D) . In response, the applicant provides a chronology of his employment history and two character references. His 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 an error or injustice. We took notice of the applicant's complete submission, to include his rebuttal, in judging the merits of the case; however, the Board majority finds 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 discharge authority '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, the Board majority does 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, the Board majority finds no basis upon which to recommend granting the relief sought. RECOMMENDATION OF THE BOARD: The majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied. The following members of the Board considered AFBCMR Docket Number BC-2012-01190 in Executive Session on 10 Oct 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member By majority vote, the Board voted to deny the application. XXXXXX voted to grant the relief requested but does not desire to submit a Minority Report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 Feb 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Investigative Report. Exhibit D. Letter, AFBCMR, dated 27 Jul 12, w/atch. Exhibit E. Letter, Applicant, 23 Aug 12, w/atchs. Panel Chair