RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-01070
		INDEX CODE 110.00
	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

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THE APPLICANT CONTENDS THAT:

The characterization of his discharge is hindering his promotions and the ability to be considered for new positions.

The applicant states that although all employers perform drug tests, he is unable to even get to that point due to the past incident leading to his discharge.  Since the incident occurred such a long time ago (i.e., 16 years), he requests that he be allowed to put this behind him.  His records from the Regular Air Force and Arizona Air National Guard (ANG) show him to be worthy and that he has been dedicated in his civilian life.  Other than this one incident, he has a spotless record.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 5 July 1984 for a period of four years and entered active duty.

The applicant submitted a urine sample during a squadron inspection on 19 February 1986, which tested positive for marijuana.

On 1 April 1986, the applicant’s commander notified him of his intent to impose nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for violation of Article 112a.  Specifically, for wrongfully using marijuana within North America, between about 12 February 1986 and 19 February 1986.  After consulting counsel, the applicant waived his right to a trial by court-martial and accepted the nonjudicial proceedings.  The commander considered the applicant’s oral and written presentations and determined that he did commit to alleged offense and imposed punishment.  The punishment consisted of reduction to the grade of airman basic and forfeiture of $150.00 pay per month for two months.  The applicant did not appeal the punishment.

The applicant’s commander notified him on 17 April 1986 of his intent to recommend his discharged for misconduct - drug abuse, based on his urine sample that tested positive for marijuana on 19 February 1986.  The applicant did not submit a rebuttal to the discharge action, and on 1 May 1988, the discharge authority approved the recommended discharge.

The applicant was discharged under the provisions of AFR 39-10 (Misconduct - Drug Abuse), with service characterized as general (under honorable conditions).  He was issued a Reenlistment Eligibility (RE) code of 2B.  He completed 1 year, 10 months, and 1 days of active service, and 10 months, and 19 days of inactive service.

Applicant submitted a similar request to the Air Force Discharge Review Board (AFDRB); however, since his discharge occurred over 15 years ago, his request was returned without action and he was advised to submit his current appeal to the Board.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states, in part, that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  In addition, the discharge was within the sound discretion of the discharge authority.  The applicant did not submit any new evidence of identify any errors or injustices that occurred in the discharge processing, and provided no facts warranting an upgrade of his discharge.

The AFPC/DPPRS 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 24 May 2002 for review and response within 30 days.  However, as of this date, no response has been received by this office.

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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 thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we find no evidence of error or injustice.  In this respect, we note that the applicant’s discharge appears to be in compliance with the governing Air Force Regulation in effect at the time of his separation and he was afforded all the rights to which entitled.  The applicant has provided no evidence to indicate that his separation was inappropriate. There being insufficient evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

4.  We also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency.  We have considered the applicant's overall quality of service, the events which precipitated the discharge, and available evidence related to his post-service activities and accomplishments.  On balance, we do not believe that clemency is warranted.

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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 Docket Number 02-01070 in Executive Session on 25 June 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 16 May 02.
    Exhibit D.  Letter, SAF/MRBR, dated 24 May 02.