RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00651
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general discharge be upgraded to an honorable discharge.

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APPLICANT CONTENDS THAT:

No contentions stated.

In support of his request, the applicant submits a copy of his DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States.  The applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 9 Dec 80 in the grade of airman basic.  He was progressively promoted to the grade of airman first class, with an effective date and date of rank of 1 Dec 81, and senior airman (promotion dates are unavailable).

On 15 Jan 85, applicant was notified that he was being recommended for discharge for drug abuse.  The reasons for this actions were as follows:

	a. On or about 4 May 84, the applicant wrongfully used marijuana.  For this offense, he was punished under Article 15, UCMJ.  The commander imposed punishment of a reduction in grade from senior airman (E-4) to airman first class (E-3), with a new date of rank of 15 Jun 84, forfeiture of $100 for 1 month and 30 days of correctional custody.

	b. On or about 28 Sep 84, the applicant wrongfully possessed and used marijuana.  For this offense, he was punished under Article 15, UCMJ.  The commander imposed punishment of a reduction from E-3 to airman (E-2), with a new date of rank of 10 Dec 84, forfeiture of $150 for 1 month and 14 days of extra duty.

The applicant was notified of a pending Administrative Discharge Board, which he acknowledged on 29 Jan 85.

The Administrative Discharge Board was held at Hickam AFB, Hawaii, on 7 Feb 85.  The Board recommended that the applicant be discharged because of misconduct based on drug abuse, with an under other than honorable conditions discharge, and that he not be offered rehabilitation opportunities with a conditional suspension of his discharge.  On 13 Mar 85, the commander approved the discharge recommendation of “under other than honorable conditions.”

The applicant received a general (under honorable conditions) discharge on 15 Mar 85 under the provisions of AFR 39-10 (Misconduct - Drug Abuse).  He had completed a total of 4 years, 3 months and 7 days and was serving in the grade of airman (E-2) at the time of discharge.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV,  indicated on 9 May 02, that, on the basis of data furnished, they are unable to locate an arrest record.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied.  DPPRS noted that the commander recommended an under other than honorable condition (UOTHC) discharge; however, the applicant’s DD Form 214 reflects he received a general discharge.

DPPRS stated that the applicant provided no facts warranting an upgrade of his discharge.  After a complete review of the applicant’s case and the type of offenses, DPPRS believes a UOTHC discharge to be a harsh discharge and recommends the applicant’s DD Form 214 remain as “general.”  However, if the Board disapproves of this recommendation, a new DD Form 214 will need to be issued reflecting a UOTHC discharge.

The HQ AFPC/DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated that he never possessed any marijuana and did not have any knowledge that the DD Form 214 was in error.  He never smoked marijuana and never knew you could test positive from inhaling it.  He would greatly appreciate it if the Board would recommend that he keep the general discharge.  The applicant’s complete submission is at Exhibit E.

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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 upgrade of his discharge to honorable.  After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice.  Notwithstanding the above, we noted that the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, reflects a general discharge rather than the under other than honorable condition (UOTHC) discharge that was approved by the discharge authority on 13 Mar 85.  In this respect, we note that the Air Force office of primary responsibility considers the UOTHC to be a harsh discharge and recommends the applicant’s DD Form 214 remain as general.  We agree with its assessment and further believe that, due to the passage of time, it would be an injustice to correct the oversight. In view of the foregoing, we recommend that the applicant’s DD Form 214 remain unchanged; i.e., a general discharge.

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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.

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The following members of the Board considered this application in Executive Session on 5 June 2002, under the provisions of AFI 36‑2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number 02-00651.

   Exhibit A.  DD Form 149, dated 5 Mar 02, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 13 Mar 02.
   Exhibit D.  Letter, SAF/MRBR, dated 22 Mar 02.
   Exhibit E.  Letter from Applicant, undated.