ECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02267 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He received an undesirable discharge because of his involvement 
with drugs. 

 

Since his discharge he recognized his life was going in the 
wrong direction because of the decisions he was making. 
Therefore, he saw the need to change his attitude and bring God 
into his life, follow the laws of the United States, work for 
the betterment of his community and develop better relationships 
with family and friends. 

 

He accomplished these changes by getting into a home based 
church, going back to school, attending training and addiction 
programs, getting involved with different ministries in the 
community, working with the homeless, visiting nursing homes and 
prisons, and assisting his neighbors. 

 

In support of his request, the applicant provides a personal 
statement, copies of his Georgia Criminal History, character 
references, training certificates, letters of appreciation, and 
consent for personal records check. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 13 Aug 71, the applicant enlisted in the Regular Air Force 
for a period of four years. 

 

On 10 Jun 73, his commander notified him that he was 
recommending his separation from the Air Force under the 
provisions of AFM 39-12, Separation for Unsuitability, 
Unfitness, Misconduct, Resignation, or Request for Discharge for 
the Good of the Service and Procedures for the Rehabilitation 


Program. The specific reason for this action was he was found 
guilty by a foreign court of an offense for which he could have 
been punished by more than one year in confinement at hard labor 
under the Uniform Code of Military Justice (UCMJ), to wit: 
Possession of heroin. On 13 Jun 73, the applicant acknowledged 
receipt of the notification of discharge. 

 

On 10 Jul 73, a Board of Officers convened and found the 
applicant was subject to discharge based on his conviction for 
possession of heroin. The board recommended the applicant be 
separated with a general discharge, and not be offered probation 
and rehabilitation. 

 

On 21 Aug 73, the Staff Judge Advocate (SJA) reviewed the case 
and found it legally sufficient to support the findings and 
recommendations of the board and recommended the applicant be 
separated with an undesirable discharge without probation and 
rehabilitation. 

 

On 22 Aug 73, the discharge authority concurred with the 
recommendation for an undesirable discharge without probation 
and rehabilitation. 

 

On 28 Aug 73, the SJA found the discharge legally sufficient. 

 

On 31 Aug 73, the applicant was released to Chinese authorities 
and placed in confinement at Taipei, Taiwan, to serve a two year 
sentence for conviction of a dangerous drug. 

 

On 15 Oct 73, the discharge authority directed the applicant be 
discharged from the Air Force for misconduct because of civil 
court disposition and was furnished a DD Form 258AF, Undesirable 
Discharge Certificate. Probation and rehabilitation was denied. 
Execution of the discharge was delayed until the applicant was 
released from confinement and returned to the Continental United 
States. 

 

On 23 Sep 74, the applicant was released from confinement and 
was subsequently discharged on 30 Sep 74. He served 7 years, 
2 months, and 13 days of total active service. He accumulated 
398 days of lost time, which includes 4 days absent without 
leave from 9 Aug 73 to 12 Aug 73, and 389 days of confinement 
from 31 Aug 73 to 23 Sep 74. 

 

On 5 Feb 80, the Air Force Discharge Review Board concluded no 
change in discharge was warranted. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
(Exhibit C). 

 

On 2 Feb 12, a copy of the FBI report and a request for post-
service information was forwarded to the applicant for review 


and comment within 30 days (Exhibit D), as of this date, no 
response has been received by this office. 

 

________________________________________________________________ 

 

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. 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 in this 
application. 

 

________________________________________________________________ 

 

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 this application 
in Executive Session on 8 Mar 12, under the provisions of AFI 
36-2603: 

 

 , Panel Chair 

, Member 

 , Member 

 

The following documentary evidence was considered in AFBCMR BC-
2011-02267: 

 

 Exhibit A. DD Form 149, dated 23 May 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report, dated 29 Jul 11. 

 Exhibit D. Letter, AFBCMR, dated 26 Jan 12. 

 

 

 

 

 Panel Chair