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AF | BCMR | CY2011 | BC-2011-03066
Original file (BC-2011-03066.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03066 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He has not previously pursued having his discharge upgraded; 
however, he could use the upgrade now to help lower his insurance 
costs. 

 

The applicant does not provide any evidence in support of his 
appeal. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
served on active duty from 15 July 1985 to 3 April 1989. 
According to Court-Martial Order Number 3, dated 16 December 
1988, the applicant, then a senior airman (E-4), was found guilty 
of wrongful use of cocaine in violation of Article 112a of the 
Uniform Code of Military Justice (UCMJ). As a result, he 
received punishment consisting of a reprimand, reduction in grade 
to airman basic (E-1), forfeiture of $447 pay per month for two 
months, confinement for three months, hard labor without 
confinement for three months, and restriction to the limits of 
Homestead Air Force Base, Florida, for two months, with the base 
restriction to run concurrently with the first two months of hard 
labor. Only that portion of the sentence pertaining to reduction 
in grade to airman basic, forfeiture of $447 pay per month for 
two months, and confinement for three months was approved and 
executed. 

 

On 8 March 1989, the applicant was notified of his commander’s 
intent to recommend the applicant be discharged with a general 
(under honorable conditions) discharge for drug abuse, under the 
provisions of Air Force Regulation 39-10, Section H, paragraph 5-
49c. The applicant acknowledged receipt of his commander’s 
intent, consulted counsel, and waived his right to submit a 


statement in his own behalf. After a legal review found the case 
to be legally sufficient, the discharge authority approved the 
recommended discharge without probation or rehabilitation 

 

On 12 November 1964, the applicant was discharged from active 
duty with a general (under honorable conditions) discharge. He 
served one year and nine months on active duty and had lost time 
from 30 November 1988 through 9 February 1989. 

 

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

 

On 11 October 2011, the applicant was given an opportunity to 
submit comments about his post service activities and in response 
to the FBI Report (Exhibit D). 

 

On 28 October 2011, the applicant provided a personal statement 
indicating he did not use cocaine at the party he was invited to 
while stationed at Homestead Air Force Base, Florida. He only 
drank alcohol. His urinalysis test was negative the night after 
the party and he had tested negative seven other times. He was 
told by his Air Force attorney that his discharge would be 
upgraded automatically in six months after his discharge, but it 
was not. 

 

His service before this incident was exceptional. He was a good 
mechanic and he graduated first and second in his classes. 
Regarding the FBI Report charges in 2004 and 2008, he was never 
convicted of any of those charges. After his divorce, he made 
some bad choices. He is now a self-employed painting contractor 
and a productive citizen. He is a member of a United Methodist 
Church and had three biological children and four step-children. 

 

He hopes the Board will upgrade his discharge to help him with 
insurance needs and a Department of Veterans Affairs (DVA) loan. 

 

The applicant’s complete response 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 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. Furthermore, we do 
not find clemency is appropriate in this case since the applicant 
has not provided any evidence concerning his post-service 
activities. Based on the foregoing, we find no basis 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 AFBCMR Docket 
Number BC-2011-03066 in Executive Session on 15 March 2012, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-03066 was considered: 

 

Exhibit A. DD Form 149, dated 25 Jul 11. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. FBI Report. 

Exhibit D. Letter, AFBCMR, dated 11 Oct 11, w/atch. 

Exhibit E. Letter, Applicant, dated 28 Oct 11. 

 

 

 

 Panel Chair 



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