RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02384 

 COUNSEL: DAV 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was under a lot of stress as a young man and self-medicated 
with marijuana. He received an under honorable conditions 
discharge for an untrimmed mustache. 

 

The applicant provided no documentation in support of his appeal. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 24 July 1973. 

 

The applicant was notified by his commander of his intent to 
recommend his discharge from the Air Force under the provisions 
of AFM 39-12. Specifically, the applicant had established a 
pattern of a discreditable nature. He had a disregard for 
counseling and guidance and corrective punishment gave clear 
indication that he did not possess the potential for normal 
career progression. 

 

He was advised of his rights in this matter and elected not to 
submit a statement on his own behalf. In a legal review of the 
case file, the staff judge advocate found the case legally 
sufficient and recommended discharge. The discharge authority 
concurred with the recommendation and directed a general 
discharge. The applicant was discharged on 20 February 1976. He 
served 2 years, 6 months and 27 days on active duty. 

 

Pursuant to the Board's request, the Federal Bureau of 
Investigation (FBI), Clarksburg, West Virginia, provided an 
arrest record which is at Exhibit C. 

 


On 30 August 2011, a copy of the FBI Report of Investigation and 
a request for information pertaining to his post-service 
activities was forwarded to the applicant for review and response 
within 30 days (Exhibit D). As of this date, this office has 
received no 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 took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and the 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has failed to sustain his burden of proof of the 
existence of an error or injustice. 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 to recommend granting 
the relief sought in this application. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and 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-2011-02384 in Executive Session on 14 February 2012, 
under the provisions of AFI 36-2603: 

 

 

 

 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-02384 was considered: 

 

 Exhibit A. DD Form 149, dated 13 June 2011. 

 Exhibit B. Applicant’s Master Personnel Record. 

 Exhibit C. Federal Bureau of Investigation Report. 

 Exhibit D. Letter, AFBCMR, dated 30 August 2011.