RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04315 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was discriminated against by his section commander. He was 
never offered counseling or the right to seek counsel. He served 
four years honorably. 

 

In support of his request, the applicant submits a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, and DD Form 293, Application for the Review of Discharge 
from the Armed Forces of the United States. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant with prior service entered active duty again on 
9 April 1985. 

 

On 30 June 1986, the applicant was notified by his commander of 
his intent to recommend his discharge from the Air Force under 
the provisions of AFR 39-10. The specific reason was an Article 
15 for a positive marijuana urinalysis. 

 

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 assistant 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 25 July 1986. 
He served 4 years, 10 months and 17 days on active duty. 

 

_________________________________________________________________ 

 

 


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 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-2011-04315 in Executive Session on 8 May 2012, under 
the provisions of AFI 36-2603: 

 

 

 

 

 

 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-04315 was considered: 

 

 Exhibit A. DD Form 149, dated 18 October 2011, w/atchs. 


 Exhibit B. Applicant’s Master Personnel Records.