RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04779 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His Place of Entry Into Active Duty, as reflected on his 
20 Nov 85 DD Form 214, Certificate of Release or Discharge from 
Active Duty, be corrected to read “San Antonio, Texas.” 

 

2. His General (Under Honorable Conditions) discharge be 
upgraded to Honorable. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. His DD Form 214 currently reflects the location at which he 
reenlisted, not his home of record. His home of record has 
always been San Antonio, Texas. 

 

2. He was only charged with drug use based upon testimony, and 
was never given a drug test. He would like to pursue 
educational benefits, which he feels he is entitled to. 

 

In support of his appeal, the applicant provides copies of his 
DD Form 214 and his DD Form 4/1, Enlistment/Reenlistment 
Document—Armed Forces of the United States. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

According to the applicant’s military personnel records, he 
enlisted in the Air Force on 27 May 80. 

 

On 15 Nov 85, his commander notified him he was recommending his 
discharge for drug abuse. The reason for this action was 
wrongful use of marijuana on or about 4 Jul 83, for which he 
received Non-judicial Punishment under Article 15 of the Uniform 
Code of Military Justice (UCMJ). The applicant acknowledged he 
consulted with legal counsel and waived his right to submit a 
statement. 


On 15 Nov 85, his commander recommended him for discharge. On 
18 Nov 85, the case was reviewed and found to be legally 
sufficient, and on 19 Nov 85, the discharge authority directed 
his discharge. 

 

On 20 Nov 85, the applicant was furnished a General (Under 
Honorable Conditions) discharge for misconduct—drug abuse, and 
was credited with 1 year, 5 months, and 24 days of active 
service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report 
indicating they were unable to locate an arrest record on the 
basis of the information provided. 

 

On 25 May 12, a request for post-service information was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit D). In response, the applicant adds he is proud to 
have been married for 32 years, is the father of two and the 
grandfather of two. He has consistently held long-term 
employment, and has not been in trouble with the law in any 
capacity for at least twenty years. He and his wife have been 
active Church members and ushers for 15 years (Exhibit D). 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOY recommends approval of the request to correct his 
Place of Entry Into Active Duty on his DD 214. At the time of 
separation, the applicant’s DD 214 contained incorrect 
information. He provided a copy of his initial enlistment 
contract, which shows his Place of Entry and Home of Record are 
both San Antonio, Texas. 

 

A complete copy of the AFPC/DPSOY evaluation is at Exhibit E. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 29 Feb 12 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit F). 

 

________________________________________________________________ 

 

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 concerning 
the applicant’s request to upgrade his discharge. 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 process. Based on the 
available evidence of record, it appears the applicant’s General 
(Under Honorable Conditions) discharge for drug abuse was 
consistent with the substantive requirements of the discharge 
regulation and within the discharge authority’s discretion. The 
applicant has provided no evidence which would lead us to 
believe his General (Under Honorable Conditions) discharge was 
improper or contrary to the provisions of the governing 
directives. In the interest of justice, we considered upgrading 
the discharge on the basis of clemency; however, we do not find 
the evidence presented is sufficient for us to recommend 
granting the relief sought on that basis at this time. 
Notwithstanding the above, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has been the victim of an error or injustice with 
respect to his place of entry into active duty as reflected on 
his 20 Nov 85 DD Form 214. Therefore, we recommend that his 
records be corrected to the extent indicated below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that Block 
6, Place of Entry Into Active Duty, of his 20 Nov 85 DD Form 
214, Certificate of Release or Discharge from Active Duty, be 
corrected to reflect “San Antonio, Texas,” rather than “Las 
Vegas, NV.” 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-04779 in Executive Session on 7 Aug 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

 


All members voted to correct the records, as recommended. The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-04779 was considered: 

 

 Exhibit A. DD Form 149, dated 7 Dec 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 25 May 12, w/atch. 

 Exhibit D. Letter, Applicant, dated 13 Jun 12. 

 Exhibit E. Letter, AFPC/DPSOY, dated 21 Feb 12. 

 Exhibit F. Letter, AFBCMR, dated 29 Feb 12. 

 

 

 

 

 

 Panel Chair