RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02863 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His disability be reevaluated and his under other than honorable 
conditions (UOTHC) discharge be upgraded to honorable. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He received a UOTHC discharge based on a urine test analyzed for 
carboxylic acid metabolite of delta9-tetrahydrocannabino1. Based 
on the report and evidence he has provided, he was and is 
innocent of any substance abuse. He requests an upgrade of his 
discharge and entitlements to all veterans’ benefits. 

 

In support of his request, the applicant provides an expanded 
statement and copies of newspaper and medical articles, as well 
as documents extracted from his military personnel records. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 14 Jun 79, the applicant contracted his initial enlistment in 
the Regular Air Force. 

 

The applicant underwent a random urinalysis and tested positive 
for wrongful use of marijuana on or about 19 Mar 84 and 
19 Apr 84. 

 

A special court-martial was scheduled to convene on 19 Feb 85; 
however, on 15 Feb 85; the applicant’s counsel submitted a 
request for discharge in lieu of trial by court-martial. 

 

On 15 Feb 85, the legal office reviewed the case and concurred 
with the findings of the unit commander and recommended the 
request for discharge in lieu court-martial be approved and the 
applicant be furnished a UOTHC discharge. 

 


On 15 Feb 85, the discharge authority concurred and directed the 
applicant be a furnished UOTHC discharge. On 22 Feb 85, he was 
furnished a UOTHC discharge and credited with five years, eight 
months, and nine days of active service. 

 

The applicant appealed to the Air Force Discharge Review Board 
(DRB) to have his UOTHC discharge upgraded to honorable. On 
14 Apr 87, the AFDRB considered and denied the applicant’s 
request for an upgrade of his discharge. 

 

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 1 Feb 11, a copy of the Investigative Report and a request for 
post-service information was forwarded to the applicant for 
review and comment within 30 days (Exhibit D). 

 

On 9 Apr 11, the applicant requested additional time to submit 
documentation in support of his application (Exhibit G). 

 

On 25 Apr 11, the Board staff advised the application that his 
request for an extension could not be honored and that his case 
would be administratively closed until he advised the Board he 
was ready to proceed with the processing of his application 
(Exhibit H). 

 

By letter dated 5 Aug 11, the applicant requested his case be 
reopened. In support of his request, the applicant provided news 
and medical articles which appear to call into question the 
validity of drug testing on darker skinned people (Exhibit I). 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

The AFBCMR Medical Consultant recommends denial to upgrade of the 
applicant’s discharge to honorable. The Medical Consultant notes 
the challenges with the military's drug testing program during 
the time of the applicant’s service. However, barring any 
concerns of an error in the chain of custody or the reporting of 
the marijuana level, he found no medical mitigation for the 
applicant's drug use. Furthermore, the applicant's separation 
and character of service was within the commander's discretionary 
authority. While a UOTHC discharge was authorized and understood 
as a consequence of accepting the discharge in lieu of trial by 
court martial, by today's standards of punishment for a suspected 
single-use of marijuana, the applicant more likely than not would 
have received a under honorable conditions (general) discharge. 
Therefore, while the Board may consider upgrading the applicant's 
discharge to honorable based upon clemency, noting his otherwise 
outstanding military service and upstanding post-service 


character and behavior, the Medical Consultant opines, as a 
minimum, the discharge should be upgraded to general. 

 

A complete copy of the AFBCMR Medical Consultant’s evaluation is 
at Exhibit E. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

More than 20 years ago his life was altered by a random drug 
test. Although, he knew he was not guilty, he did not fight it 
because he was not knowledgeable about what to do. He requests 
his discharge be upgraded on the basis of clemency. 

 

The applicant’s complete response, with attachments, is at 
Exhibit J. 

 

_________________________________________________________________ 

 

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. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting some 
relief. After thoroughly reviewing the evidence of record and 
the BCMR Medical Consultant’s recommendation, we are persuaded 
that the applicant’s discharge should be upgraded to general on 
the basis of clemency. Although no was evidence provided or 
located to show that his discharge was improper or not in 
compliance with appropriate directives, it is our opinion that 
some relief on the basis of clemency is warranted. It appears 
the applicant has led a stable and productive life since his 
separation from the Air Force. In light of the above, we believe 
that it would be an injustice for him to continue to suffer the 
adverse effects of a UOTHC discharge. Therefore we believe an 
upgrade of his discharge to general (under honorable conditions) 
is warranted. Accordingly the Board recommends that his records 
be corrected as indicated below. 

 

_________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to the APPLICANT, be corrected to show that on 


22 February 1985, he was discharged with service characterized as 
general (under honorable conditions). 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-02863 in Executive Session on 13 Mar 12 under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the record as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 20 Aug 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 1 Feb 11, w/atchs. 

 Exhibit E. Letter, AFBCMR Medical Consultant, dated 

 25 Mar 11. 

 Exhibit F. Letter, SAF/MRBR, dated 28 Mar 11. 

 Exhibit G. Letter, Applicant, dated 9 Apr 11. 

 Exhibit H. Letter, AFBCMR, dated 25 Apr 11. 

 Exhibit I. Letter, Applicant, dated 5 Aug 11, w/atchs. 

 

 

 

 

 

 Panel Chair