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AF | BCMR | CY2011 | BC-2011-02045
Original file (BC-2011-02045.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02045 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His narrative reason for separation of “drug abuse” be changed. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

There is no evidence to support him being discharged for drug 
abuse; therefore, the discharge is unjust and in error. He took 
a voluntary drug test, which was negative. Despite the 18 years 
that have gone by, he feels this injustice should be corrected. 
In 1993, he was involved in a large investigation along with many 
other service members who were interrogated by the Office of 
Special Investigations (OSI) for drug use. He signed the 
discharge paperwork because he was distraught about his mother’s 
recent passing. He believes his fate was sealed once the Air 
Force believed he was involved in some kind of “drug ring”. 

 

He did not care to fight to stay in the military; he was angry 
and disgusted with the entire system. Therefore, when he signed 
his DD Form 214, Certificate of Release or Discharge from Active 
Duty, he was signing it as a way to put such a painful experience 
behind him. He was young, very immature, and without consequence 
of what signing such a glaring and incorrect paper would mean. 
Currently he is a teacher, a member of a good community, and 
would like this injustice to be corrected. 

 

In support of his request, the applicant provides a personal 
statement. 

 

His complete submission, with attachment, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 30 Apr 90. 
His commander recommended him for discharge under the provisions 
of AFM 39-10, paragraph 5-51, for drug abuse. The specific 
reasons for his discharge were for wrongfully using marijuana and 
for wrongfully inhaling nitrous oxide gas for which he received a 


Letter of Reprimand (LOR). After a legal review, the staff judge 
advocate found the case legally sufficient. The applicant 
received a general discharge on 7 Apr 93 after serving 2 years 
11 months, and 8 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. On 16 Sep 11, a copy of the FBI report 
was forwarded to the applicant for review and comment within 30 
days. 

 

On 16 Sep 11, a request for information pertaining to his post-
service activities was forwarded to the applicant for response 
within 30 days. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant responded by reiterating his original contentions; 
however, he goes into further detail of what happened during his 
discharge processing. He provides an unsigned letter of support 
in support of his post-service life. 

 

The applicant’s complete submission, with attachments, 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 probable 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 
to honorable 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 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 AFBCMR Docket 
Number BC-2011-02045 in Executive Session on 20 Oct 11, 27 Oct 11 
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 14 May 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 16 Sep 11. 

 Exhibit E. Letters, Applicant, dated 4 Oct 11, 5 Oct 11, 

 and 9 Jan 12, w/atchs. 

 

 

 

 

 

 Panel Chair 

 



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