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AF | BCMR | CY2012 | BC-2012-02576
Original file (BC-2012-02576.txt) Auto-classification: Approved
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02576 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His narrative reason for separation of “Drug Rehabilitation 
Failure” be removed from his DD Form 214, Certificate of Release 
or Discharge from Active Duty. 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His service in the Air Force was without incident except for the 
occasional use of marijuana, which he gave up 29 years ago. The 
statement of “Drug Rehabilitation Failure” has haunted him in his 
job searches and has affected most opportunities in his life. He 
asks that his appeal and earnest plea to upgrade his discharge to 
honorable be given consideration. He believes that his discharge 
was not related to his performance in the pharmacy. His mistake 
was using an illegal substance while he was away from his duty 
station. 

 

He decided that the only way to get out of the Air Force was to 
start smoking marijuana again. He did not realize that he would 
not get an honorable discharge. 

 

His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 14 Nov 80. 
The applicant was notified by his commander that he was 
recommending him for discharge from the Air Force under the 
provisions of AFR 39-10, paragraph 5-31. The specific reason for 
this action was for drug rehabilitation failure. On 12 Jul 83, 
the applicant acknowledged receipt of the discharge notification. 
After a legal review, the staff judge advocate concurred with the 
commander’s discharge recommendation. The applicant received a 


general (UHC) discharge on 1 Aug 83, after serving 2 years, 
8 months, and 18 days on active duty. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
which is at Exhibit C. On 13 Dec 12, a copy of two FBI reports 
were forwarded to the applicant for review and comment within 30 
days. In response, the applicant noted that one of the FBI 
Reports sent to him was not his social security number. The 
Board did not consider the erroneous FBI Report when they made 
their determination in his case. 

 

On 13 Dec 12, a request for information pertaining to his post-
service activities was forwarded to the applicant for response 
within 30 days. In response to our request, applicant provided 
post-service information, which is attached 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 with regard to 
the applicant’s request to have his general (UHC) discharged 
upgraded to honorable. After careful consideration of the 
available evidence, we found no indication the actions taken to 
effect his discharge were improper or contrary to the provisions 
of the governing regulations in effect at the time, or the 
actions taken against the applicant were based on factors other 
than his own misconduct. In the interest of justice, we 
considered upgrading the applicant’s discharge on the basis of 
clemency; however, there was insufficient evidence submitted to 
compel us to recommend granting the request on that basis. 
Therefore, in the absence of evidence to the contrary, we find no 
basis to recommend granting the relief sought in this 
application. 

 

4. Notwithstanding the above, sufficient relevant evidence has 
been presented to warrant partial relief with regard to his 
narrative reason. In this respect, the majority of the Board 
believes the applicant has rehabilitated himself as noted by the 
letters of support from members of his church and other prominent 
members of his community and should no longer have to suffer the 
adverse effect of the stigma that is attached to the narrative 
reason for his separation. Consequently, the majority of the 
Board believes that his narrative reason should be changed to 
“Secretarial Authority” with the corresponding SPD code of “JFF.” 


Therefore, we recommend his record be corrected as indicated 
below. 

 

_________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that on 1 August 1983, 
he was discharged under the provisions of AFR 39-10, “Directed by 
the Secretary of the Air Force” with Separation Program 
Designator (SPD) Code of “JFF.” 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-02576 in Executive Session on 15 Feb 13, under the 
provisions of AFI 36-2603: 

 

 

 

By a majority vote, the Board voted to correct the records, as 
recommended. XXX voted to deny the applicant’s 
request, but did not submit a minority report. The following 
documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 6 Jun 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, SAF/MRBR, dated 13 Dec 12, w/atchs. 

 

 

 

 

 

 Panel Chair 

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