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AF | BCMR | CY2012 | BC-2012-04246
Original file (BC-2012-04246.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04246 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The record is correct. He requests an honorable discharge based 
on his service prior to his misconduct. 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 16 October 
1981. On 5 February 1985, the applicant was notified of his 
commander’s intent to discharge him from the Air Force for drug 
abuse. Specifically, between 11 August 1984 and 10 September 
1984, he wrongfully used marijuana. The applicant acknowledged 
his commander’s intent, his right to legal counsel, to present 
his case before an administrative discharge board and to submit 
statements on his behalf. He also acknowledged his right to 
waive the aforementioned rights. The applicant waived his right 
to an administrative discharge board and submitted a statement 
for his commander’s consideration after consulting with counsel. 

 

On 25 February 1985, the staff judge advocate found the 
discharge legally sufficient and recommended the commander 
discharge the applicant with a general discharge. On 4 March 
1985, the commander approved the discharge and directed he be 
separated with a general discharge. The applicant was separated 
on 5 March 1985 with a general (under honorable conditions) 
discharge. 

 

On 27 March 2013, a request for post-service information was 
forwarded to the applicant for response within 30 days 
(Exhibit C). As of this date, no response has been received by 
this office. 

 

 


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 during the discharge process. 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, or unduly harsh. In the 
interest of justice, we considered upgrading the applicant’s 
discharge on the basis of clemency, however, there was no 
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 upon which to recommend granting 
the relief sought. 

 

________________________________________________________________ 

 

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-2012-04246 in Executive Session on 8 May 2013, under 
the provisions of AFI 36-2603: 

 

 Vice Chair 

 Member 

 Member 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-04246 was considered: 

 

 Exhibit A. DD Form 149, dated 5 Sep 12. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, SAF/MRBC, dated 27 Mar 13. 

 

 Vice Chair 



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