RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03063 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He believes there was a change order for veterans to upgrade 
their discharge characterization. 

 

The applicant's complete submission is at Exhibit A. 

 

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STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
entered active duty on 17 May 1968. He was progressively 
promoted to the grade of sergeant (E-4). 

 

On 22 November 1971, the applicant was convicted in the Circuit 
Court of the City of Hampton, Virginia, for possession of 
marijuana in violation of Virginia Statutes Section 54.524.01. 
The offense for which he was convicted is punishable by the 
Uniform Code of Military Justice (UCMJ) with confinement in 
excess of one year and also involves moral turpitude as defined 
in Air Force Manual (AFM) 39-12. 

 

Based upon the applicant’s civilian conviction, his commander 
notified him that he was being recommended for an undesirable 
discharge in accordance with Air Force Manual 39-12, Section C, 
paragraph 2-23. 

 

The applicant acknowledged his commander’s notification, 
consulted counsel, waived his right to have his case processed 
before an administrative board, and submitted statements in his 
own behalf. 

 

After considering the case file, the Staff Judge Advocate found 
the case to be legally sufficient; however, recommended a general 
discharge as more appropriate in lieu of the applicant’s offense 
and based on his prior service. 

 


On 23 February 1972, the discharge authority approved the 
counsel’s recommendation and directed the applicant be discharged 
with a General Discharge Certificate. 

 

The applicant was discharged from active duty effective 2 March 
1972 with a general (under honorable conditions) discharge. 

 

On 24 January 2013, the applicant was given an opportunity to 
submit comments about his post service activities (Exhibit C). 
As of this date, this office has received no response. 

 

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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. In the interest of 
justice we considered upgrading the characterization of his 
discharge on the basis of clemency; however, since the applicant 
has not provided any evidence concerning his post-service 
activities no basis exists for such consideration. Based on the 
foregoing, we find no basis to recommend granting the relief 
sought in this application. 

 

________________________________________________________________ 

 

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-2012-03063 in Executive Session on 16 April 2013, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2012-02996: 

 

Exhibit A. DD Form 149, dated 9 Jul 12. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. Letter, SAF/MRBR, dated 25 Jan 13, w/atrch.