Search Decisions

Decision Text

AF | BCMR | CY2011 | BC-2011-01689
Original file (BC-2011-01689.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01689 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He admitted using drugs and accepted responsibility for his 
actions. Since the incident he has served honorably with the 
Massachusetts Air National Guard (ANG). 

 

In support of his request, the applicant provides copies of his 
DD Form 214, Certificate Release or Discharge from Active Duty, 
NGB Form 22, Report of Separation and Record of Service, and Army 
National Guard Honorable Discharge Certificate. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 11 Dec 92, the applicant contracted his enlistment in the 
Regular Air Force. He served as a Visual Information Productions 
– Documentation Journeyman. 

 

On 14 Nov 96, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for drug abuse. 
The specific reason for the discharge action was the applicant on 
or about 1 Apr 96 and 31 May 96 wrongfully used crystal 
methedrine (crank), for which he received an Article 15. 

 

His commander advised him of his rights in this matter. On 
14 Nov 96, he acknowledged receipt of the notification for 
discharge and, after consulting with legal counsel, requested his 
case be presented before an administrative discharge board. 

 

On 3 Jan 97, the Board convened and found the applicant had 
wrongfully used drugs and recommended he discharged with a UOTHC 
service characterization. 


On 6 Feb 97, the legal office concurred with the findings and 
recommendations of the Board and recommended the applicant be 
furnished a UOTHC discharge, without the possibility of probation 
and rehabilitation. 

 

On 7 Feb 97, the discharge authority concurred with the findings 
and recommendation of the discharge board and directed the 
applicant’s discharge. On 10 Feb 97, the applicant was furnished 
a UOTHC discharge and was credited with four years and two months 
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. 

 

On 14 Dec 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). 

 

_________________________________________________________________ 

 

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 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 discharge was 
consistent with the substantive requirements of the discharge 
regulation and within the commander's discretionary authority. 
The applicant has provided no evidence which would lead us to 
believe the characterization of the service was contrary to the 
provisions of the governing regulation, unduly harsh, or 
disproportionate to the offenses committed. We considered 
upgrading the discharge based on clemency; however, we do not 
find the evidence presented is sufficient to compel us to 
recommend granting the relief sought on that basis. Therefore, 
in the absence of evidence to the contrary, we find no basis upon 
which to recommend granting the relief sought. 

 

_________________________________________________________________ 

 

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-2011-01689 in Executive Session on 10 Jan 12 and 
19 Jan 12, under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 18 Apr 11, w/atchs. 

 Exhibit B. Applicant's Master Military Personnel Records. 

 Exhibit C. FBI Investigative Report. 

 Exhibit D. Letter, AFBCMR, dated 14 Dec 11, w/atch. 

 

 

 

 

 

 Panel Chair 



Similar Decisions

  • AF | BCMR | CY2006 | BC-1998-01144A

    Original file (BC-1998-01144A.doc) Auto-classification: Denied

    ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-1998-01144 INDEX CODE 106.00 XXXXXXX COUNSEL: None XXXXXXX HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: In the applicant’s request for reconsideration, he requests his 1998 dishonorable discharge be upgraded to under-other-than-honorable-conditions (UOTHC) discharge. On 8 Jul 96, the US Air Force Court of...

  • AF | BCMR | CY2011 | BC-2010-004083

    Original file (BC-2010-004083.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04083 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend...

  • AF | BCMR | CY2004 | BC-2004-02034

    Original file (BC-2004-02034.doc) Auto-classification: Denied

    According to an AFOSI Report of Investigation (ROI), dated 3 Mar 89, an investigation was conducted around the period of 23 Jan - 7 Feb 89. On 6 Mar 89, the commander notified the applicant of his intent to recommend separation with a general discharge based on the Article 15. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice;...

  • AF | BCMR | CY2008 | BC-2008-00492

    Original file (BC-2008-00492.doc) Auto-classification: Denied

    Capt M started court-martial proceedings against him. Although he has no proof, he feels his discharge was based on the ill-feelings Capt M had towards him. The applicant submitted a similar application to the Air Force Discharge Review Board (AFDRB) requesting his discharge be upgraded to honorable.

  • AF | BCMR | CY2006 | BC-2005-03393

    Original file (BC-2005-03393.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005- 03393 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 11 MAY 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to a general (under honorable conditions) discharge. Punishment imposed consisted of reduction to the grade of airman, and forfeiture of...

  • AF | BCMR | CY2004 | BC-1983-01854A

    Original file (BC-1983-01854A.DOC) Auto-classification: Denied

    Exhibit F. Letter, AFMPC/DPMARS2, dated 0 May 86. Exhibit J. Exhibit O.

  • AF | BCMR | CY2014 | BC 2014 00512

    Original file (BC 2014 00512.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00512 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. He made more than two moral calls per month which resulted in Article 15s and a reduction in rank. On 14 May 97, the staff judge advocate reviewed the case and found it legally sufficient to support discharge and recommended to the wing...

  • AF | BCMR | CY2004 | BC-2003-02855

    Original file (BC-2003-02855.doc) Auto-classification: Denied

    If the Board cannot pardon him or chooses not to do so, he requests that his FBI record be corrected to reflect that he was only arrested once, not twice as his record reflects. On 6 Oct 00, the applicant requested a waiver of his “4F” RE code to allow him to reenlist in the Air Force. The complete evaluation is at Exhibit C. AFPC/DPPAE recommends denial of the applicant’s request to change his RE code.

  • AF | DRB | CY2001 | FD01-00062

    Original file (FD01-00062.pdf) Auto-classification: Denied

    On 27 Apr 99, Commander, 60 SUPS, initiated separation action against Respondent pursuant to d 5.54, for Misconduct, Minor Disciplinary Infractions, and Drug Section Abuse. Recommendation: Discharge Respondent with a general discharge without P&R, by signing the appropriate letter at Attachment 1, utilizing paragraph 5.54 as the primary reason for discharge. I am recommending your discharge from the United States Air Force for Misconduct, Minor Disciplinary Infractions, and Drug Abuse,...

  • AF | DRB | CY2003 | FD2002-0431

    Original file (FD2002-0431.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0431 GENERAL: The applicant appeals for upgrade of discharge to Honorable. CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative due process. Reenld as SSgt 5 Jan 83 for 4 yrs.