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AF | BCMR | CY2010 | BC-2010-00200
Original file (BC-2010-00200.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00200 

 INDEX CODE: 110.00 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

___________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

___________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He does not use drugs or alcohol anymore. After reading American 
Veterans and Service Members Survival Guide, he notes that illegal 
drug tests or faulty procedures were given by all branches of the 
military in 1982 and 1983; therefore, he believes his discharge 
should be upgraded. Letters were sent out to members who served in 
the military letting them know about this situation; however, not 
everyone received the letters. 

 

In support of his request, the applicant provides personal 
statements. 

 

His complete submission, with attachments, is at Exhibit A. 

 

___________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was notified by his commander that he was 
recommending him for discharge from the Air Force under the 
provisions of AFM 39-10, paragraph 5-49c. The specific reason for 
this action was for wrongfully using marijuana. The applicant was 
advised of his rights in this matter and elected to waive his right 
to submit matters on his own behalf. After a legal review of the 
case file, the staff judge advocate found the case legally 
sufficient. The applicant was discharged with a general discharge 
on 7 Feb 84. He served 3 years, 1 month, and 20 days on active 
duty. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
which is at Exhibit C. A copy of the FBI report was forwarded to 
the applicant for review and comment within 30 days on 29 Mar 10. 
As of this date, no response has been received by this office. 

 


A request for information pertaining to his post-service activities 
was forwarded to the applicant on 29 Mar 10 for response within 
30 days. In response to our request, applicant provided post-
service information, which is attached at Exhibit D. 

 

On 6 Apr 10, the applicant requested to withdraw his request. The 
AFBCMR sent the applicant a letter on 22 Apr 10 notifying him that 
his case was administratively closed. 

 

On 30 Jun 10, the applicant reopened his case. 

 

___________________________________________________________________ 

 

BOARD CONCLUSION: 

 

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 his 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, in view of the contents of the FBI record which 
indicates recent involvement with law enforcement authorities, we 
are not persuaded that the characterization of the applicant’s 
discharge warrants an upgrade to honorable. Accordingly, no basis 
exists to grant favorable action on his request. 

 

___________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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 6 Jan 11, under the provisions of AFI 36-
2603: 

 

 , Vice Chair 

, Member 

 , Member 

 

The following documentary evidence for Docket Number BC-2010-
00200 was considered: 

 

 Exhibit A. DD Form 149, dated 12 Jan 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBMCR, dated 29 Mar 10. 

 

 

 

 

 

 Vice Chair 

 


 





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