RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2008-04040 

 INDEX CODE: 110.02 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He regrets his wrong actions; however, he put his life on the 
line to aid the Office of Special Investigations (OSI) with an 
investigation for over six months. To this day he suffers from 
Post Traumatic Stress Disorder (PTSD). He has become a better 
man and is now an Ordained Minister and Youth Pastor. 

 

In support of his appeal, the applicant provided copies of a DD 
Form 293, Application for the Review of Discharge from the Armed 
Forces of the United States; a Department of Veterans Affairs 
(DVA) Form 21-0781a, Statement in Support of Claim for Service 
Connection for PTSD Secondary to Personal Assault, his Record of 
Non-Judicial Punishment; his 1987 request for an honorable 
discharge; progress notes from his psychiatrist; a copy of his 
church membership card; and five character reference letters. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 27 December 1983, the applicant enlisted in the Regular Air 
Force at the age of 23 in the grade of airman first class (E-3). 
He was promoted to the grade of sergeant (E-4) effective and with 
a date of rank of 28 April 1986. 

 

On 1 July 1987, the applicant received Article 15 punishment for 
wrongful use of marijuana. His punishment consisted of reduction 
in rank to airman first class (E-3) with a new date of rank of 
1 July 1987, and forfeiture of $250 pay per month for two months. 

 

On 10 July 1987, his commander notified the applicant of his 
intent to recommend him for discharge for drug abuse under the 
authority of Air Force Regulation 39-10, paragraph 5-49c, with a 



general discharge without probation or rehabilitation (P&R). 
After consulting with counsel, the applicant acknowledged his 
commander’s intent and indicated that an administrative 
separation was in his best interest and that he would not oppose 
it. On 24 July 1987, the applicant submitted a request to his 
commander that he be awarded an honorable discharge and to be 
able to remain on active duty until his current date of 
separation of 26 December 1987, for his cooperation with law 
enforcement authorities, his past duty performance, and his lack 
of previous disciplinary actions. On 31 July 1987, after 
consideration of the applicant’s submission and the Staff Judge 
Advocate’s finding that the case was legally sufficient, the 
discharge authority approved the applicant’s general discharge 
without P&R. 

 

On 9 October 1987, the applicant was released from active duty 
with a general (under honorable conditions) discharge with a 
narrative reason for separation of misconduct – drug abuse. He 
served 3 years, 9 months and 13 days on active duty. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation, Clarksburg, WV, provided a copy of an 
Investigation Report based on the information provided. On 
7 January 2009, a copy of the FBI report was forwarded to the 
applicant for review and comment 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 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. We considered 
upgrading the discharge based on clemency; however, we do not 
find clemency is appropriate in this case since the applicant has 
not provided any evidence of a successful post-service adjustment 
and in view of the information contained in the FBI investigative 



report. Therefore, the applicant’s request is not favorably 
considered. 

 

_________________________________________________________________ 

 

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 this application in 
Executive Session on 19 February 2009, under the provisions of 
AFI 36-2603: 

 


The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2008-04040: 

 

Exhibit A. DD Form 149, dated 22 Sep 08, w/atchs. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. Letter, AFBCMR, dated 7 Jan 09, w/atch.