RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02979 

 INDEX CODE: 110.02 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

It appears the applicant is requesting a discharge upgrade in 
order to receive benefits from the Department of Veterans Affairs 
(DVA). 

 

In support of his application, he provides two character letters 
and certificates. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 16 Apr 80, the applicant contracted his enlistment in the 
Regular Air Force. He was progressively promoted to the grade of 
senior airman, having assumed the grade effective and with a date 
of rank of 1 May 83. He was demoted to airman first class on 
20 Sep 84 and airman basic on 22 Mar 85. 

 

On 20 Sep 84, the applicant received an Article 15 for failure to 
go from place of duty while on temporary duty (TDY). 

 

The applicant’s commander notified him that he was recommending 
his discharge from the Air Force for misconduct (drug abuse). 
The specific reason for the discharge action was that on 
22 Mar 85, he received an Article 15 for wrongful use of 
marijuana. 

 

His commander advised him of his rights in this matter. The 
applicant acknowledged receipt of the notification of discharge 
and after consulting with legal counsel waived his right to 
submit statements in his own behalf. 

 


On 29 Apr 85, the legal office reviewed the case and recommended 
discharge with a general discharge without probation and 
rehabilitation. 

 

On 1 May 85, the discharge authority directed a general discharge 
without probation and rehabilitation. He was discharged on 
1 May 85. He served 5 years and 16 days of active service. 

 

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 30 Sep 10, a copy of the Investigative Report was forwarded to 
the applicant along with a request for post-service documentation 
for review and comment within 30 days (Exhibit D). 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 the evidence presented is sufficient to compel us to 
recommend granting the relief sought 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-2010-02979 in Executive Session on 16 Nov 10, under the 
provisions of AFI 36-2603: 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, undated, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 30 Sep 10, w/atch.