RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-00280
		INDEX CODE  106.00 110.02
	 	COUNSEL:  	

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His 1981 under-other-than-honorable (UOTHC) discharge be upgraded to general.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 14 Nov 78 and was ultimately promoted to airman first class (A1C) on 6 Dec 79. At the time of his discharge, he was a unit squadron assistant aircraft crew chief assigned to the 46 Consolidated Aircraft Maintenance Squadron (46 CAMS) at Peterson AFB, CO. His Airman Performance Reports (APRs) reflect overall ratings of 9.

On 5 Apr 79, he received an Article 15 for possessing marijuana on or about 13 and 16 Mar 79 at Sheppard AFB, TX, and forfeited $150.00 in pay per month for 2 months. The applicant did not appeal. 

On 7 Jan 80, the applicant received a Letter of Reprimand (LOR) for being in a fight on 10 Dec 79 at Peterson AFB, CO. The LOR was filed in his Unfavorable Information File (UIF).

On 25 Jan 80, the applicant was placed on the Control Roster for 120 days because he was implicated in an Air Force Office of Special Investigations (AFOSI) inquiry regarding allegations against him of use, possession or sale of illegal drugs. The Control Roster action was placed in his UIF.

A Physical Profile Serial Report dated 28 Jan 80 indicates the applicant was evaluated by the Peterson AFB Mental Health Clinic, denied use of drugs for the past 8 months, was found worldwide qualified, and was cleared for drug rehabilitation.  A medical entry dated 17 Apr 80 reflects the applicant was still in drug rehabilitation.

An AFOSI Report of Inquiry (ROI) dated 30 Oct 80 indicated that in Jan 80 the applicant was seen taking money from others to purchase marijuana and then smoking a marijuana cigarette with others in a group. In Mar-May 80, he was seen smoking marijuana on three or four occasions; one instance was while driving and another occurred at an off-base residence of a former Air Force member. 

A Physical Profile Serial Report dated 25 Nov 80 indicates the chief of mental health services found the applicant an adaptive user (cannabis), worldwide qualified and cleared for drug rehabilitation.

On 1 Dec 80, he received another Article 15 for driving a car while drunk and possessing marijuana on 16 Nov 80.  He was reduced from the grade of A1C to airman basic with a date of rank of 1 Dec 80, forfeited $175.00 and restricted to Peterson AFB for 45 days.

Although no longer in his records, the applicant was apparently notified that his commander was recommending discharge.  The applicant acknowledged receipt of the notification on 10 Dec 80, indicating he understood his discharge could be characterized as UOTHC.

The applicant was discharged for Misconduct - Drug Abuse - Board Waiver in the grade of airman basic on 12 Feb 81.  He had 2 years, 3 months and 29 days of active service. 

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS believes the discharge to be consistent with the procedural and substantive requirements of the discharge regulation. Additionally, the discharge was within the sound discretion of the discharge authority. The applicant did not submit any evidence of errors or injustices that occurred in his discharge processing or facts warranting an upgrade. Denial is recommended.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 12 Apr 02 for review and comment within 30 days.  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 warranting an upgraded discharge. Other than his own uncorroborated assertions, the applicant presents no evidence that his discharge for drug abuse was the result of entrapment, was unduly harsh, or beyond the discretion of the discharge authority. His APRs reflect superior performance; however, despite drug rehabilitation and an Article 15 for marijuana possession, the applicant’s misconduct continued and he received nonjudicial punishment a second time for driving drunk and possessing marijuana. He has not substantiated that his discharge should be upgraded on the basis of error or clemency. We regret that his health may now be failing; however, he submits no compelling basis for us to recommend granting the relief sought.  

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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 20 July 2002 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number 02-00280 was considered:

   Exhibit A.  DD Form 149, dated 23 Jan 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 4 Apr 02.
   Exhibit D.  Letter, SAF/MRBR, dated 12 Apr 02.