RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02918 

 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His uncharacterized entry level discharge be upgraded. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He is presently incarcerated in Los Angeles County and enrolled 
in a drug program. Upon his completion of the program, he needs 
to go to an in-patient program, possibly with the Department of 
Veterans Affairs (DVA) for some mental health treatment. 

 

He was 18 years old and immature when he was discharged. 
However, 27 years later, he realizes he has been in and out of 
prison his whole adult life because of drugs. 

 

A veteran’s representative advised him that the DVA could help 
him with his treatment if his discharge was upgraded. 

 

In support of his request, the applicant provides personal 
statements. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered the Regular Air Force on 21 May 84. 

 

On 14 Jun 10, the applicant received an Article 15, Record of 
Nonjudicial Punishment, for wrongfully possessing marijuana. He 
was ordered to forfeit $286 pay for one month. 

 

On 18 Jun 84, the applicant was notified of pending discharge 
action. Specifically, the commander cited unsatisfactory entry 
level performance or conduct as the basis for discharge. The 
applicant acknowledged receipt, waived his rights to consult 
counsel and to submit statements in his own behalf. 

 

The staff judge advocate found the case legally sufficient and 
recommended separation with an entry level separation. On 


19 Jun 84, the discharge authority directed discharge. The 
applicant was discharged on 20 Jun 84, with an entry level 
separation with the narrative reason for separation of “entry 
level performance and conduct.” He is credited with one month 
of active military service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigations (FBI) provided an investigative report, which is 
at Exhibit C. A copy of the report and a request for post-
service information was forwarded to the applicant on 29 Sep 10 
for review and comment within 30 days (Exhibit D). As of this 
date, this office has not received a response. 

 

_________________________________________________________________ 

 

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 an error or an injustice. We find 
no impropriety in the characterization of applicant's discharge. 
It appears that responsible officials applied appropriate 
standards in effecting the separation, and we do not find 
persuasive evidence that pertinent regulations were violated or 
that the applicant was not afforded all the rights to which 
entitled at the time of discharge. Further, based on the 
contents of the FBI report, we do not find it appropriate to 
grant clemency. Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the requested 
relief. 

 

_______________________________________________________________ 

 

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-2010-02918 in Executive Session on 7 December 2010, under the 
provisions of AFI 36-2603: 

 
The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 8 Jul 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 29 Sep 10, w/atch.