Search Decisions

Decision Text

AF | BCMR | CY2012 | BC-2012-00456
Original file (BC-2012-00456.pdf) Auto-classification: Denied
RECORD OF PROCEEDINGS 

a 

general 

discharge 

without 

  

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

DOCKET NUMBER:  BC-2012-00456 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

 
 
IN THE MATTER OF: 
 
 
 
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His  General  (Under  Honorable  Conditions)  discharge  be  upgraded 
to Honorable. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
His  was  a  one-time  incident  at  age  20,  which  he  regrets.    If 
treatment  for  alcohol  and  narcotics  were  available  at  the  time 
of his active duty service, he would probably still be actively 
serving  in  the  Air  Force.    Today,  there  are  alternatives  for 
certain  behaviors,  usages,  and  bad  judgment  not  afforded  him 
while  he  was  on  active  duty.    The  new  rules  should  apply  to 
those  who  were  not  afforded  the  opportunity  to  join  Alcoholics 
Anonymous  or  Narcotics  Anonymous  based  upon  a  lapse  of  or  poor 
judgment. 
 
The applicant’s complete submission is at Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant entered the Air Force on 28 Dec 83. 
 
On  30  Apr  86,  the  applicant’s  commander  notified  him  he  was 
recommending he be discharged from the Air Force for drug abuse.  
Specifically, for wrongful use of marijuana as evidenced by the 
applicant’s urine sample testing positive for marijuana during a 
test administered on 14 Jan 86.  
 
On  1  May  86,  the  applicant  acknowledged  receipt  of  the  action, 
consulted  legal  counsel,  and  submitted  a  statement  on  his  own 
behalf. 
 
On 13 May 86, the case was found to be legally sufficient.  On 
23  May  86,  the  discharge  authority  directed  the  applicant  be 
furnished 
and 
rehabilitation.   
 

probation 

On  3  Jun  86,  the  applicant  was  furnished  a  General  (Under 
Honorable  Conditions)  discharge  for  misconduct—drug  abuse  and 
credited  with  two  years,  three  months,  and  six  days  of  total 
active service.  
 
On 30 Dec 88, the applicant submitted a DD Form 293, Application 
for  the  Review  of  Discharge  or  Dismissal  from  the  Armed  Forces 
of  the  United  States,  to  the  Air  Force  Discharge  Review  Board 
(AFDRB)  requesting  to  upgrade  his  discharge.    The  AFDRB 
carefully  considered  all  evidence  presented  and  denied  his 
request on 8 May 89.   
 
Pursuant  to  the  Board’s  request,  the  Federal  Bureau  of 
Investigation (FBI) provided a copy of the applicant’s Criminal 
History Record, which is at Exhibit C. 
 
On 3 Jul 12, a copy of the FBI Report and a request for post-
service  information  were  forwarded  to  the  applicant  for  review 
and  comment  within  30  days.    As  of  this  date,  no  response  has 
been received by this office (Exhibit D). 
 
 
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.  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.  Therefore, in the absence of evidence 
to the contrary, we conclude that no basis exists to grant the 
relief sought in this application.   
 
________________________________________________________________ 
 
 
 

 

2 

 
THE BOARD DETERMINES THAT: 
 
The  applicant  be  notified  the  evidence  presented  did  not 
demonstrate  the  existence  of  material  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  the 
application.    
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number BC-2012-00456 in Executive Session on 6 Sep 12, under the 
provisions of AFI 36-2603: 
 
 
 
 
 
The following documentary evidence was considered: 
 
     Exhibit A.  DD Form 149, dated 3 Feb 12, w/atch. 
     Exhibit B.  Applicant's Master Personnel Records. 
     Exhibit C.  FBI Report. 
     Exhibit D.  Letter, AFBCMR, dated 3 Jul 12 w/atch. 
 
 
 
 
   
   
 
 

  Panel Chair 
  Member 
  Member 

    
  Panel Chair  

 

3 



Similar Decisions

  • AF | BCMR | CY2010 | BC 2010 02721

    Original file (BC 2010 02721.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02721 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. On 8 August 1991, the applicant submitted an application to the Air Force Discharge Review Board (AFDRB) requesting a change in his discharge. ...

  • AF | BCMR | CY2005 | BC-2005-01964

    Original file (BC-2005-01964.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01964 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 21 DEC 06 _________________________________________________________________ APPLICANT REQUESTS THAT: Block 28, Narrative Reason for Separation (Fraudulent Entry Into Military Service, Drug Abuse) on his DD Form 214, Certificate of Release or Discharge from Active Duty be removed and his...

  • AF | BCMR | CY2007 | BC-2007-01861

    Original file (BC-2007-01861.doc) Auto-classification: Denied

    The applicant has not shown the characterization of his discharge was contrary to the provisions of AFR 39-10, Separation of Airmen, (extract copy of applicable portion attached as Exhibit D). 812.” Notwithstanding the absence of error or injustice, the Board has the prerogative to grant relief on the basis of clemency if so inclined. Exhibit C. Negative FBI Report, dated 20 Jun 07.

  • AF | BCMR | CY2009 | BC-2009-00225

    Original file (BC-2009-00225.doc) Auto-classification: Denied

    ___________________________________________________________________ APPLICANT CONTENDS THAT: He had no idea about the effects of drug addiction, neither did the Air Force at that time. On 6 Mar 86, the applicant was discharged under the provisions of AFR 39-10, by reason of misconduct – drug abuse, with service characterized as general (under honorable conditions). ___________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that...

  • AF | BCMR | CY2004 | BC-2003-03198

    Original file (BC-2003-03198.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03198 INDEX NUMBER: 110.00 XXXXXXXXXXXX COUNSEL: None XXX-XX-XXXX HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He got into trouble in the Air Force...

  • AF | BCMR | CY2009 | BC-2009-01667

    Original file (BC-2009-01667.docx) Auto-classification: Denied

    Applicant re-enlisted on 5 Dec 55 for a period of four years. By letter, dated 27 Jul 09, Mr. XXXXXXXXXX, XXXXXXX County Veterans Service Officer, attests to the applicant’s good character, eluding to his struggle with alcohol and citing the lack of help for alcoholics in “the old days” (Exhibit F). The following members of the Board considered AFBCMR Docket Number BC-2009-01667 in Executive Session on 1 Sep 09, under the provisions of AFI 36-2603:

  • AF | BCMR | CY2005 | BC-2004-03082

    Original file (BC-2004-03082.doc) Auto-classification: Denied

    On 29 November 1995, the applicant’s commander notified him that she was recommending he be discharged from the Air Force under the provisions of AFI 36-3208 for drug abuse. On 25 October 2000, the former member submitted an application to the Air Force Discharge Review Board (AFDRB) requesting his General (Under Honorable Conditions) discharge be upgraded to honorable. DPPRS concludes the applicant did not submit any evidence or identify any errors or injustices that occurred during the...

  • AF | BCMR | CY2009 | BC-2008-01472

    Original file (BC-2008-01472.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01472 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge. On 20 Dec 88, the applicant appealed to the AFDRB to have his UOTHC discharge upgraded to honorable. The AFDRB considered the evidence...

  • AF | BCMR | CY2004 | BC-2004-00205

    Original file (BC-2004-00205.doc) Auto-classification: Denied

    A copy of the AFDRB Hearing Record is attached at Exhibit C. Pursuant to the Board's request, the Federal Bureau of Investigation, Washington, D.C., provided an investigative report, which is attached at Exhibit G. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends the application be denied and states, in part, that based on the documentation pertaining to the applicant’s PRP permanent decertification, the discharge action would have...

  • AF | BCMR | CY2007 | BC-2007-00456

    Original file (BC-2007-00456.doc) Auto-classification: Denied

    The board of officers recommended that applicant be discharged with an under honorable conditions (general) discharge. On 11 July 1951, the applicant appealed to the Air Force Discharge Review Board (AFDRB) to have his under honorable conditions (general) discharge upgraded to honorable. Exhibit B.