RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2008-03421 

 INDEX CODE: 110.02 

 XXXXXXX COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was told that his discharge could be upgraded in six months to 
a year. It has been over 24 years and he would like his discharge 
changed to honorable so that he can receive medical help for his 
illness. 

 

In support of his application, applicant provides a letter from 
the State of Arkansas Department of Veterans Affairs and a copy 
of a Certificate of Participation in a substance abuse 
rehabilitation program. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Applicant enlisted in the Regular Air Force on 31 October 1980 
and was progressively promoted to the grade of airman first 
class. 

 

On 25 June 1984, he was notified by his commander that he was 
recommending he be discharged from the Air Force under the 
provisions of AFR 39-10, para 5-49c (misconduct-drug abuse) for 
drug abuse. The specific reason for this action was that he 
received an Article 15 on 16 May 1984 for wrongfully possessing 
some amount of marijuana. He acknowledged receipt of the 
notification and waived his right to submit a statement. On 
25 June 1984, the discharge authority recommended approval of his 
discharge. On 29 June 1984, he was discharged from the Air Force 
with a general discharge in the grade of airman. He served 
3 years, 7 months and 29 days of active service. 

 

In response to the Board's request, the Federal Bureau of 
Investigation (FBI) provided a copy of an investigative report. A 



copy of the FBI report was forwarded to the applicant on 
19 November 2008 for review and response within 30 days (See 
Exhibit D). He has not responded. 

 

_________________________________________________________________ 

 

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. After careful 
consideration of the available evidence, we found no indication 
that the actions taken to effect his discharge were improper or 
based on factors other than his own misconduct. Likewise, the 
applicant has not shown that the discharge was improper or that 
the characterization of his discharge was inappropriate under the 
circumstances. Based on his overall record of service, and his 
apparent misconduct subsequent to service as indicated on the FBI 
Report of Investigation, we are not persuaded that an upgrade of 
the characterization of his discharge is warranted on the basis 
of clemency. Therefore, based on the available evidence of 
record, we find no basis upon which to favorably consider his 
request. 

 

_________________________________________________________________ 

 

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 Docket Number BC-
2008-03421 in Executive Session on 14 January 2009, under the 
provisions of AFI 36-2603: 

 

  Panel Chair 

  Member 

  Member 

 

 

 

 

 



The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2008-03421: 

 

 Exhibit A. DD Form 149, dated 12 Sep 08, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report, dated 1 Oct 08. 

 Exhibit D. Letter, AFBCMR, dated 19 Nov 08.