RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01270
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general, under honorable conditions, discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

The only major issue was possession of marijuana.  He successfully completed a rehabilitation program while he was in the Air Force but the Air Force has no record of his completion.  He did not attend some Social Actions appointments since he was told they were voluntary.  Another issue is the issue of driving a motor vehicle without a government license.  He was driving a truck for his whole term because that was the job that he was assigned.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

On 20 Jan 81, the applicant enlisted in the Regular Air Force (RegAF) for a period of four years in the grade of airman basic.

Applicant’s Airman Performance Report (APR) profile follows:

            PERIOD ENDING          OVERALL EVALUATION

              19 Jan 82                    8
              31 May 82                    7
              31 May 83                    8
              18 Sep 83                    7

On 19 Sep 83, applicant was notified that his commander was recommending that he be discharged from the Air Force for minor disciplinary infractions.  The reason for the commander’s actions were as follows:

		a.	Substance abuse (16 Nov 81).  He was enrolled in the substance abuse rehabilitation program for alcohol for his continued problem in the area.

		b.	Failure to go (16 Nov 81).  He failed to attend a required dental appointment.  He received a letter of notification from the clinic and a letter of counseling (LOC) from the squadron.

		c.	Failure to safeguard government property (18 Nov 81).  He lost his room key.  He was issued a replacement and counseled on the protection of government property.

		d.	Failure to pay just debts (5 Jan 82).  He failed to keep his account with the Noncommissioned Officer (NCO) Club current.  He received a letter of notification from the NCO Club and was counseled by the squadron.

		e.	Substandard duty performance (20 Jan 81 - 19 Jan 82).  Although he received an overall rating of 8 on his performance report, the comments of his reporting official indicated that he had difficulties in maintaining standards as required by AFR 35‑10.

		f.	Substandard duty performance (20 Jan 82 - 31 May 92).  He received a performance report with an overall rating of 7.  His reporting official indicated that he did not complete his assigned task in a timely manner, had a short attention span, presented poor work habits, and tended to allow his personal life to interfere with his military duties and responsibilities.

		g.	Failure to go (5 Feb 82).  He reported late for duty.  He received a letter of counseling for this incident.

		h.	Failure to go (1 Mar 82).  He failed to report for a required appointment at social actions.  He was counseled.

		i.	Failure to pay just debts (5 Mar 82).  He failed to keep his account at the NCO Club current.  He received a letter of notification from the NCO Club and was counseled by the squadron.

		j.	Failure to go (10 Mar 82).  He failed to attend a required social actions appointment.  He received a Letter of Reprimand (LOR) on 15 Apr 82.

		k.	Failure to pay just debts (20 Mar 82).  He failed to maintain his account at the NCO Club in a current manner.  He received a letter of notification from the NCO Club.

		l.	Failure to safeguard government property (14 Apr 82).  He lost his controlled area badge.  He was counseled by the squadron.

		m.	Traffic Violation (16 Apr 82).  He was operating a government vehicle without a government drivers license when the generator he was towing became detached from the vehicle and struck another object.  He received a citation from the security police and was counseled by the squadron.

		n.	Possession of marijuana (5 Nov 82).  He received punishment pursuant to Article 15 of the Uniform Code of Military Justice (UCMJ).

		o.	Failure to pay just debts (14 Jun 83).  He failed to maintain his account with the NCO Club in a current manner.  He received written notice from the NCO Club and was counseled by the squadron.

		p.	Failure to go (8 Jul 83).  He failed to attend a required social actions appointment.  He was counseled.

		q.	Failure to go (22 Jul 83).  He failed to attend a required social actions appointment.  He was counseled.

		r.	Failure to go (29 Jul 83).  He failed to attend the required social actions appointment.  Because of his continued failure to attend appointments and his failure to comply with his rehabilitation program, he was removed from the substance abuse rehabilitation program.

On 22 Sep 83, after consulting with counsel, applicant submitted a written statement.

On 13 Oct 83, the applicant was discharged from the Air Force under the provisions of AFR 39‑10 (Misconduct-Pattern of Minor Disciplinary Infractions) with an under honorable conditions (general) discharge in the grade of airman first class.  He was credited with 2 years, 8 months, and 24 days of active service.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS reviewed this application and recommended applicant’s records remain the same and his request be denied.  Based on the documentation in the file, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the sound discretion of the discharge authority.  While the applicant stated in his request letter that his possession of marijuana was the only major issue against him, he was discharged for a pattern of minor disciplinary infractions.  He did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no other facts warranting an upgrade of the discharge.

A complete copy of the Air Force evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 27 Jul 01 for review and response.  As of this date, no response has been received by this office.

On 19 Sep 01, a copy of the FBI report was forwarded to applicant for review and response.  The Board requested applicant provide additional evidence pertaining to his post-service activities (see Exhibit F).

Applicant provided a personal statement indicating that, since he has been out of the Air Force, he has run a dry cleaning business with his parents.  After his father passed away a few years ago, they decided to sell the business.  After working as a forklift driver for several years, he decided to go back to school.  He has been enrolled in a community college fulltime for under a year now.  He is working on his Associate’s Degree in Dental Laboratory.  The applicant provided a statement from the Director of Admissions of the Lexington Community College, and a statement from his mother.

Applicant’s complete response, with attachments, is attached at Exhibit G.

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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 probable error or injustice.  After careful consideration of the circumstances of this case, we are not persuaded that the discharge action was in error or unjust.  While the applicant contends that the only major issue was possession of marijuana, the evidence of record supports the stated reasons for his discharge, i.e., an Article 15, numerous counselings for missing appointments or being late for work, and for not keeping his base club account current.  Therefore, in our opinion, responsible officials applied appropriate standards in effecting the applicant’s involuntary separation, and we did not find persuasive evidence that pertinent regulations were violated at the time of his discharge.  If, as he asserts, he has overcome his difficulty, then we applaud him.  However, the applicant was discharged from the Air Force based on the facts that existed at the time of his separation.  We are not persuaded that an upgrade of the characterization of the applicant’s discharge is warranted on the basis of clemency.  In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to recommend favorable action on the applicant’s request.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application in Executive Session on 6 December 2001, under the provisions of Air Force Instruction 36‑2603:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 18 May 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Identification Record.
     Exhibit D.  Letter, AFPC/DPPRS, dated 27 Jun 01.
     Exhibit E.  Letter, AFBCMR, dated 27 Jul 01.
     Exhibit F.  Letter, AFBCMR, dated 19 Sep 01, w/atchs.
     Exhibit G.  Letter fr applicant, undated, w/atchs.

                                   Panel Chair