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AF | BCMR | CY2010 | BC-2010-01206
Original file (BC-2010-01206.txt) Auto-classification: Denied
. RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01206 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He did not use drugs but confessed to smoking marijuana in an 
effort to protect his wife. The drug test he was administered 
show that he did not use drugs. He was never in any other 
trouble and served proudly. 

 

In support of the application, the applicant provides a 
DD Form 293, Application for the Review of Discharge or Dismissal 
from the Armed Forces of the United States. 

 

The applicant’s complete submission, with attachment, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force as an airman 
basic on 22 Jan 82 for a term of four years, and was 
progressively promoted to the grade of sergeant. On 3 Jul 90, he 
was notified by his commander that he was recommending he be 
discharged from the Air Force for drug abuse. The commander 
cited the applicant’s wrongful use and possession of marijuana on 
1 Mar 90 and 13 Apr 90. 

 

The applicant acknowledged receipt of the notification of 
discharge and after consulting with legal counsel waived his 
right to an administrative discharge board and to submit 
statements in his own behalf. The base legal office reviewed the 
case and found it legally sufficient to support the discharge. 
The discharge authority approved the separation and directed he 
be discharged with a UOTHC discharge. 

 

On 15 Aug 90, he was separated, under the provisions of AFR 39-
10, Administrative Separation of Airmen, for Misconduct-Drug 


Abuse. He completed a total of 7 years, 11 months and 20 days of 
active service. 

 

Pursuant to the Board's request, the Federal Bureau of 
Investigation (FBI), Clarksburg, WV, provided a copy of an 
Investigation Report, which is at Exhibit C. 

 

On 14 Oct 10, a copy of the FBI report was provided to the 
applicant for review and comment within 30 days. He was also 
notified of his right to submit post-service documentation to 
support his request (Exhibit D). 

 

The applicant states that he has changed his life around, he is a 
productive member of society, and has been married for over 
25 years. He assists veterans at the local American Legion where 
he is a member. He is only able to submit one letter of support 
on his behalf due to the short notice to provide post-service 
support and job requirements that require him to travel. 
Regarding his arrest, after notification of the death of a close 
friend, he and his wife started drinking. Subsequently, after an 
argument with his wife, he was arrested for verbal abuse. He no 
longer consumes alcohol and has been a standup citizen. 

 

The applicant’s complete response, with attachment, is at 
Exhibit E. 

 

_________________________________________________________________ 

 

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 applicant’s UOTHC 
discharge was consistent with the substantive requirements of the 
discharge regulation and within the commander’s discretionary 
authority. He has provided no evidence which would lead us to 
believe the characterization of his service was improper or 
contrary to the provisions of the governing regulation. We 
considered upgrading the discharge based on clemency; however, 
because of the limited documentation concerning his activities 
since leaving the service, we are not inclined to recommend 
upgrading his discharge based on clemency at this time. In view 
of the foregoing, and in the absence of sufficient 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 Docket Number BC-
2010-01206 in Executive Session on 16 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 19 Mar 10. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 13 Oct 10, w/atchs. 

 Exhibit E. Letter, Applicant, undated, w/atch. 

 

 

 

 

 

 Panel Chair 

 



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