RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-01141
		INDEX CODE 110.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

His 1985 general discharge be upgraded to honorable and he be allowed to enter the Air Force Reserves.

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APPLICANT CONTENDS THAT:

He no longer drinks alcohol or uses drugs. The character of his discharge has prejudiced employers repeatedly. He has accomplished many things despite this handicap. He has a family business with his wife and earned a black belt in karate. He wants his honor back and a chance to serve again.

The 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 21 Aug 81 and was ultimately promoted to airman first class with a date of rank of 21 Aug 82. His performance reports from 21 Aug 81 through 21 Sep 84 had overall ratings of 9, 9, and 8. During the period in question, he was an aircraft mechanic assigned to the 21st Aircraft Generation Squadron at Elmendorf AFB, AK.

The applicant was counseled on 18 Jun 82 for issuing a bad check ($15.00) to the Alaska Area Exchange.

On 23 Feb 83, the applicant received a Letter of Admonishment (LOA) for having a knife in his dormitory room in violation of base regulation and the Uniform Code of Military Justice (UCMJ).

On 14 Feb 84, nonjudicial punishment was imposed on the applicant by Article 15 for wrongfully using marijuana between 21 Nov and 5 Dec 83.  He did not make a personal appearance or submit a written presentation.  He was reduced to the grade of airman and forfeited $100.00 in pay for two months.  He did not appeal.

On 7 Mar 84, he was counseled for issuing a bad check ($8.91) to the Alaska Area Exchange. On 10 Sep 84, he received a ticket for an abandoned vehicle.

On 30 Jul 85, nonjudicial punishment was imposed on the applicant by Article 15 for wrongfully using marijuana between 15 and 21 Jul 85.  He did not make a personal appearance or submit a written presentation. He was reduced to the grade of airman basic and ordered to perform 45 days of extra duty.

The applicant was evaluated by the Mental Health Clinic on 6 Aug 85 and did not have a DSM III diagnosis, to include a drug/alcohol diagnosis.

On 7 Aug 85, the case was found legally sufficient, and the discharge authority directed the applicant’s discharge without probation and rehabilitation.

The applicant was separated on 12 Aug 85 in the grade of airman basic with a general discharge for Misconduct – Drug Abuse. He had 3 years, 11 months and 21 days of active service. 

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AIR FORCE EVALUATION:

HQAFPC/DPPRS believes the discharge was consistent with the procedural and substantive requirements of the discharge regulation. The discharge was within the sound discretion of the discharge authority. The applicant has provided no facts warranting an upgrade of his discharge. Denial is recommended.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPAE confirms that the applicant’s RE code is correct based on the characterization of his service.

A complete copy of the evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded, indicating that nothing can change the facts or the past. He was wrong but has become a better man because of it. He apologizes for his actions.

The applicant’s complete response is at Exhibit F.  

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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. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that his general discharge should be upgraded to honorable. In this regard, the applicant has provided no evidence demonstrating that his discharge was inappropriate, unduly harsh or beyond the commander’s authority. Further, while his achieving a karate black belt and starting a business with his wife is acknowledged, we do not find this sufficient post-service information to overcome, on the basis of clemency, his repeated misconduct while in the military. We therefore agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

4.	The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.

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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 19 September 2002 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number 02-01141 was considered:

   Exhibit A.  DD Form 149, dated 29 Mar 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 26 Apr 02.
   Exhibit D.  Letter, HQ AFPC/DPPAE, dated 22 May 02.
   Exhibit E.  Letter, SAF/MRBR, dated 31 May 02.
   Exhibit F.  Letter, Applicant, undated (received 18 Jul 02).