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AF | BCMR | CY2011 | BC-2011-04649
Original file (BC-2011-04649.txt) Auto-classification: Denied
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04649 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

During his time in the Air Force he was awarded the Air Force 
Achievement Medal, Air Force Good Conduct Medal and other 
ribbons. He would not risk his Air Force career by using drugs. 

 

In support of the applicant’s appeal, he provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 1 December 
1982. 

 

The applicant was notified by his commander of his intent to 
recommend that he be discharged from the Air Force under the 
provisions of AFR 39-10. The specific reason is on or about 
6 December 1983, during a 100 percent urinalysis check of his 
unit, the applicant gave a urine specimen, which tested positive 
for THC. 

 

He was advised of his rights in this matter and elected to submit 
a statement on his own behalf. In a legal review of the case 
file, the staff judge advocate found the case legally sufficient 
and recommended discharge. The discharge authority concurred 
with the recommendation and directed a general discharge. The 
applicant was discharged on 28 February 1984. He served 4 years, 
5 months and 3 days on active duty. 

 


Pursuant to the Board's request, the Federal Bureau of 
Investigation (FBI), Clarksburg, West Virginia, provided an 
arrest record which is at Exhibit C. 

 

On 24 May 2012, a copy of the FBI Report of Investigation and a 
request for information pertaining to his post-service activities 
were forwarded to the applicant for review and response within 
30 days (Exhibit D). As of this date, this office has received 
no response. 

 

_________________________________________________________________ 

 

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 offense committed. In the interest of 
justice, we considered upgrading the discharge based on clemency; 
however, the applicant provides no evidence to warrant favorable 
consideration on this basis. Therefore, in view of the above and 
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 an 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-2011-04649 in Executive Session on 17 July 2012, under 
the provisions of AFI 36-2603: 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-04649 was considered: 

 

 Exhibit A. DD Form 149, dated 11 November 2011, w/atch. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. FBI Report of Investigation. 

 Exhibit D. Letter, AFBCMR, dated 24 May 2012. 

 

 

 

 



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