RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01422 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His general (under honorable conditions) discharge be upgraded to 
honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He would like his discharge upgraded to allow him to receive job 
and educational services from the Department of Veterans Affairs 
(DVA). 

 

In support of his application, the applicant provides a copy of 
his DD Form 214, Certificate of Release or Discharge from Active 
Duty and a letter from the National Personnel Records Center. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 26 August 1981 
and was promoted to the grade of airman. 

 

On 3 November 1982, the applicant was notified by his commander 
that he was recommending he be discharged from the Air Force 
under the provisions of AFR 39-10, Administrative Separation of 
Airmen, for minor disciplinary infractions. The specific reasons 
for this action were: 1) He received two Article 15 actions for 
possession and use of marijuana and failure to obey a lawful 
order by consuming alcoholic beverages while in correctional 
custody; 2) He received one Letter of Counseling for violation of 
the dormitory visitation hours. The applicant acknowledged 
receipt of the notification of discharge and received advice from 
a military defense attorney. 

 

 

On 16 December 1982, the applicant was discharged with a general 
discharge after completing a period of 1 year, 3 months and 
20 days total active service. 


 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI), Clarksburg, WV, provided a copy of an 
Investigation Report (Exhibit C) 

 

On 15 June 2010, the FBI investigation and a request for post-
service information were forwarded to the applicant for response 
within 30 days. As of this date, no response has been received 
by this office (Exhibit D). 

 

_________________________________________________________________ 

 

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 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 have considered 
the applicant’s overall quality of service, the events which 
precipitated the discharge, and the available evidence related to 
post-service activities, and we do we do not believe clemency is 
warranted. 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 Docket Number 
BC-2010-01422 in Executive Session on 15 July 2010, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 13 Apr 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation, dated 20 Mar 10. 

 Exhibit D. Letter, AFBCMR, dated 15 Jun 10, w/atchs. 

 

 

 

 

 

 Panel Chair