RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02036 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He has waited over 20 years, has learned a childhood lesson, and 
believes his discharge should be upgraded. 

 

The applicant’s complete submission is at Exhibit A. 

 

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STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force, on 19 Jul 83, 
for a period of four years. 

 

On 14 Jan 84, the applicant was convicted by special court-
martial, for wrongful use and distribution of marijuana. For 
this offense, he received a reduction in grade to airman basic, 
forfeiture of $250.00 per month for three months, 60 days of 
confinement with hard labor, and 30 days of confinement without 
hard labor. 

 

On 30 Jan 85, the squadron commander notified the applicant of 
administrative discharge action for drug abuse. The specific 
reasons for the proposed action were based on the incidents 
cited above. 

 

After consulting with counsel and having been advised of his 
rights, the applicant waived his right to submit statements in 
his own behalf. The staff judge advocate found the case file 
legally sufficient and recommended the applicant receive a 
general discharge without probation and rehabilitation (P&R). 
On 14 Feb 85, the discharge authority approved the general 
discharge without P&R. 

 

On 12 Mar 85, the applicant was discharged by reason of 
misconduct – drug abuse, with service characterized as general 


(under honorable conditions). He was credited with 
one year, six months, and five day 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 21 Oct 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). 

 

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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. Considering the 
applicant’s overall record of service, the seriousness of the 
offenses which led to his administrative separation, and the FBI 
Report of Investigation, we are not persuaded that an upgrade of 
the characterization of his discharge 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. 

 

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The following members of the Board considered AFBCMR Docket 
Number BC-2011-02036 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 13 May 11. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation, 23 Aug 11. 

 Exhibit D. Letter, AFBCMR, dated 21 Oct 11, w/atchs. 

 

 

 

 

 Panel Chair