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AF | BCMR | CY2010 | BC-2010-04583
Original file (BC-2010-04583.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04583 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His General (Under Honorable Conditions) discharge be upgraded 
to honorable. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was young and did not know the value of the experience the 
military could provide. He suffered from culture shock. He 
could have been given another chance, considering his age. 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 16 Dec 86 in the grade of airman 
basic (E-1) for a period of six years. 

 

On 29 Dec 87, the applicant was notified by his commander of his 
intent to recommend his discharge from the Air Force for Drug 
Abuse, under the provisions of AFR 39-10, Administrative 
Separation of Airmen. The reasons for the action included his 
wrongful use of marijuana and an incidence of open disrespect to 
a non-commissioned officer (NCO) in the performance of his 
duties as an NCO. 

 

On 29 Dec 87, the applicant acknowledged receipt of the action, 
waived his right to consult legal counsel, and elected to not 
submit statements in his behalf. 

 

On 30 Dec 87, the case was found to be legally sufficient and 
the discharge authority approved the commander’s recommendation, 
directing the applicant’s administrative discharge without 
probation and rehabilitation. 

 


On 31 Dec 87, the applicant was furnished a General (Under 
Honorable Conditions) discharge for Misconduct—Drug Abuse and 
was credited with 1 year and 15 days of total active service. 

 

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 Investigative Report and a request for post-
service information was forwarded to the applicant on 19 Apr 11 
for review and comment within 30 days. As of this date, no 
response has been received by this office (Exhibit D). 

 

________________________________________________________________ 

 

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 an error or injustice. We took 
notice of the applicant’s complete submission in judging the 
merits of this case; however, we find no evidence of an error or 
injustice that occurred in the discharge process. It appears 
the applicant’s discharge was consistent with the substantive 
requirements of the discharge regulation in effect at the time 
and within the commander’s discretionary authority. No evidence 
has been presented to indicate otherwise. We considered 
upgrading the discharge based on clemency; however, in the 
absence of any documentation concerning his post-service 
activities, we are not convinced the applicant’s discharge 
should be upgraded on that basis. Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought in this application. 

 

4. The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably 
considered. 

 

________________________________________________________________ 

 

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 AFBCMR Docket 
Number BC-2010-04583 in Executive Session on 26 Jul 11, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 24 Nov 10. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 19 Apr 11, w/atch. 

 

 

 

 

 

 Panel Chair 



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