ECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02362 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was demoted from airman first class (A1C) to airman basic 
(AB) because he had a positive drug test for marijuana. 

 

He was not given an option for rehabilitation or counseling and 
feels he should have been given an opportunity for 
rehabilitation. 

 

The applicant's complete submission is at Exhibit A. 

 

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STATEMENT OF FACTS: 

 

On 30 Oct 84, the applicant enlisted in the Regular Air Force. 

 

On 10 Mar 86, he received Article 15 punishment for wrongfully 
using marijuana. For this offense, he was reduced to the grade 
of AB, ordered to forfeit $100 pay per month for two months 
(suspended until 13 Sep 86) and ordered to perform 15 days extra 
duty. 

 

On 18 Mar 86, his commander notified him he was recommending his 
separation from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, for commission of a serious 
offense. On 18 Mar 86, the applicant acknowledged receipt of 
the notification of discharge. 

 

On 27 Mar 86, the applicant submitted a letter to his commander 
requesting he be considered for an honorable discharge. 

 

On 2 Apr 86, the Staff Judge Advocate found the discharge 
legally sufficient. 

 

On 9 Apr 86, his commander considered him for probation and 
rehabilitation under the provisions of AFR 39-10, however, he 
did not find him a suitable candidate. 


 

On 10 Apr 86, the applicant was discharged from the Air Force 
with a general (under honorable conditions) discharge in the 
grade AB. He served 1 year, 5 months and 11 days of total 
active service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
which is at Exhibit C. On 5 Oct 11, a copy of the FBI report 
and a request for post-service information was forwarded to the 
applicant for review and comment within 30 days, as of this 
date, no response has been received by this office (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 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 considered 
upgrading the discharge based on clemency; however, we do 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, we find no basis 
upon which to recommend granting the relief sought in this 
application. 

 

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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 this application 
in Executive Session on 7 Feb 12, under the provisions of AFI 
36-2603: 

 

 , Panel Chair 

, Member 

 , Member 

 

The following documentary evidence was considered in AFBCMR BC-
2011-02362: 

 

 Exhibit A. DD Form 149, dated 20 Jun 11. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report, 29 Sep 11, 

 Exhibit D. Letter, AFBCMR, dated 5 Oct 11. 

 

 

 

 

 Panel Chair