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AF | BCMR | CY2010 | BC-2010-00949
Original file (BC-2010-00949.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00949 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

___________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His under other than honorable conditions (UOTHC) discharge be 
upgraded to honorable. 

 

2. His reentry (RE) code of “2B” (Separated with a general or under 
other than honorable conditions (UOTHC) discharge) be changed to 
allow him to reenter the military. 

 

___________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was under duress when he signed his discharge notification 
paperwork. He was not afforded the opportunity to consult counsel. 
The charges filed against him were false and the Office of Special 
Investigations (OSI) chose to believe a civilian who had a criminal 
record. He would like to join the United States Coast Guard and is 
presently pursuing a degree in organizational study. 

 

The applicant does not provide any supporting documentation. 

 

His complete submission is at Exhibit A. 

 

___________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 9 Sep 80. The 
applicant was notified by his commander that he was recommending 
that he be discharged from the Air Force under the provisions of 
AFR 39-10, paragraph 5-50.1. The specific reasons for this action 
were for wrongfully using lysergic acid diethylamide (LSD) and for 
wrongfully using marijuana. He received an Article 15 with a 
reduction of rank to the grade of airman basic (E-1). The 
applicant consulted counsel and elected to waive his right to an 
administrative discharge board hearing and waived 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. 
On 18 Oct 90, the applicant was discharged with a UOTHC discharge 
and an RE code of “2B.” He served 2 years, 1 month, and 4 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. On 4 Nov 10, a copy of the FBI report was 
forwarded to the applicant for review and comment within 
30 days. 

 

On 4 Nov 10, a request for information pertaining to his post-
service activities was forwarded to the applicant for response 
within 30 days. As of this date, this office has received no 
response. 

 

___________________________________________________________________ 

 

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 regarding the 
applicant’s request that his UOTHC discharge and RE code be 
changed. After careful consideration of the available evidence, we 
found no indication the actions taken to effect his discharge were 
improper or contrary to the provisions of the governing regulations 
in effect at the time, or the actions taken against the applicant 
were based on factors other than his own misconduct. Furthermore, 
because of the lack of documentation concerning his activities 
since leaving the service, we are not inclined to recommend 
upgrading his discharge based on clemency at this time. Therefore, 
in the absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 

 

_________________________________________________________________ 

 

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 AFBCMR Docket Number 
BC-2010-00949 in Executive Session on 14 Dec 10, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 25 Jan 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 4 Nov 10. 

 

 

 

 

 

 Panel Chair 

 



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