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AF | BCMR | CY2010 | BC-2010-01366
Original file (BC-2010-01366.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01366 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was discharged for missing 4 hours of Airman Leadership School 
(ALS) and accused of providing marijuana to another member of the 
service. The accusations could not be proved; however, he 
admitted to missing school and received an Article 15 for his 
actions. He believes his discharge was based on the Article 15 
he received. He is truly sorry for missing time in school; 
however, he still stands by his assertion that he did not have 
any part in the marijuana charge. His discharge certificate does 
not reflect his schools or ribbons. He wishes he had fought to 
stay in the military, but he did not have an attorney to 
represent him. He is unemployed and does not have health 
insurance; he is in need of medical care from the Department of 
Veterans Affairs (DVA) for some problems that occurred while 
serving in the military. 

 

In support of his appeal, the applicant provides his DD Form 214, Certificate of Discharge or Release from Active Duty. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force 4 May 77. His 
commander directed he be discharged from the Air Force and 
furnished with an UOTHC discharge under the provisions of AFM 39-
12, Chapter 2, Section F, paragraph 2-78. The specific reasons 
for this action were for wrongfully possessing, selling, 
transferring, and introducing some quantity of marijuana. The 
applicant submitted a request to be issued a general discharge 
instead of a UOTHC discharge; however, the discharge authority 
denied his request and issued him a UOTHC discharge certificate. 


After a legal review of the case, the staff judge advocate found 
the case legally sufficient. He received an UOTHC discharge on 
21 May 82 after serving 5 years and 18 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 on 8 Jul 10 for review and comment within 30 days. 
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 8 Jul 10 for 
response within 30 days. 

 

_________________________________________________________________ 

 

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. 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. In addition, in 
view of the contents of the FBI Identification Record we are not 
persuaded that the characterization of the applicant’s discharge 
warrants an upgrade on the basis of clemency. Having found no 
error or injustice with regard to the actions that occurred while 
the applicant was a military member, we conclude that 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 10 Aug 10, under the provisions of AFI 36-
2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 21 Mar 10, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 8 Jul 10. 

 

 

 

 

 

 Panel Chair 



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