RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03051 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He believes his discharge was unjust. He would like to reenter 
military service. He has been denied employment due to his 
discharge. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 28 Jul 98, the applicant contracted his enlistment in the Air 
Force. 

 

On 22 Mar 01, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for drug abuse. 
The specific reason for the discharge action was that on or about 
20 Dec 00, he tested positive for Tetrahydrocannabinol (THC). 

 

His commander advised him of his rights in this matter. The 
applicant acknowledged receipt of the notification of discharge. 
On 28 Mar 01, the legal office reviewed the case and recommended 
discharge with a general discharge without probation and 
rehabilitation. 

 

On 28 Mar 01, the discharge authority directed the applicant be 
furnished a general discharge without probation and 
rehabilitation. He was discharged on 2 Apr 01 and was credited 
with two years, eight months, and four days of active service. 

 

The applicant appealed to the Air Force Discharge Review Board 
(AFDRB), requesting a discharge upgrade to honorable, and a 
change of the reason and authority for his discharge. On 
20 Aug 02, the AFDRB considered and denied his appeal. 


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 5 Apr 12, a copy of the FBI Investigative Report and a request 
for post-service information was forwarded to the applicant for 
review and comment within 30 days (Exhibit F). As of this date, 
no response has been received by this office. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOS recommends denial noting the applicant did not provide 
any evidence of an error or injustice to warrant a change in the 
characterization of his discharge. Based on the documentation in 
the master personnel records, the discharge was consistent with 
the procedural and substantive requirements of the discharge 
instruction and was within the discretion of the discharge 
authority. 

 

The complete AFPC/DPSOS evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 2 Dec 11 for review and comment within 30 days (Exhibit E). 
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 an 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 applicant’s 
general discharge for drug abuse was consistent with the 
substantive requirements of the discharge regulation and within 
the commander’s discretionary authority. He has provided no 
evidence which would lead us to believe the characterization of 
his service was improper or contrary to the provisions of the 
governing directive. In the interest of justice, we considered 
upgrading the discharge based on clemency; however, in the 


absence of any information related to the applicant’s post-
service activities, we find no basis to recommend granting relief 
on that basis. Therefore, in the absence of such, we conclude 
that no basis exists to upgrade the applicant’s general 
discharge. 

 

_________________________________________________________________ 

 

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-2011-03051 in Executive Session on 15 May 12, under the 
provisions of AFI 36-2603: 

 


 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 9 Jul 11. 

 Exhibit B. Applicant’s Master Military Personnel Records. 

 Exhibit C. FBI Investigative Report. 

 Exhibit D. Letter, HQ AFPC/DPSOS, dated 15 Nov 11. 

 Exhibit E. Letter, SAF/MRBR, dated 2 Dec 11. 

 Exhibit F. Letter, AFBCMR, dated 5 Apr 12, w/atchs.