RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02794
		INDEX CODE:  110.02
		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:

It has become necessary for him to have his discharge changed due to furthering his education in the field of nursing.  He has paid his dues and has accepted that his actions, at the time of his discharge, were inappropriate and wrong.  He has grown up and would like the opportunity to help someone else not to make the same mistakes.  

In support of his request, he submits a copy of an acceptance letter to the School or Nursing.  The applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

On 15 April 1981, the applicant enlisted in the Regular Air Force.  During this period of service, he was progressively promoted to the grade of airman first class (E-3).  On 5 April 1982, he was discharged under the provision of AFM 39-12 (Personal Abuse of Drugs - Other Than Alcohol).  On 31 October 1984, by direction of the Secretary of the Air Force, all references to his being discharged were removed and he was restored to active duty.   

On 17 July 1985, he reenlisted in the Regular Air Force for four years.  During this period of service, he was progressively promoted to the grade of sergeant (E-5).

On 22 June 1987, the applicant requested discharge under AFR 39-10, paragraph 5-46 for misconduct based on minor disciplinary infractions.  The reason for the request was that on 22 June 1987, the member waived his right to a hearing before an administrative discharge board with the understanding that he would receive no less than a general discharge.  He was charged with wrongful use of marijuana on divers occasions on or about 18 February 1987 to 19 March 1987 and on or about 31 May 1986, operating a vehicle while drunk at Chanute Air Force Base, IL.  Subsequently, the applicant was discharged under the provisions of AFR 39-10 paragraph 5-46, for misconduct based on minor disciplinary infractions and received a general (under honorable conditions) discharge.  He had served 2 years, 7 months and 26 days of active duty on this enlistment.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS states that the applicant provided no facts warranting an upgrade of his discharge.  Based upon the documentation on file, DPPRS believes the discharge was consistent with procedural and substantive requirements of the discharge regulation. 

The DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4 October 2002, for review and response.  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.  After careful consideration of the applicant’s request and the available evidence of record, we see no evidence that would warrant an upgrade of his characterization of service.  The applicant has provided no evidence that would lead us to believe the actions taken to effect his discharge were improper, or that the information in his discharge case file is erroneous.  In the absence of more expansive evidence by the applicant attesting to a successful post-service adjustment in the years after his discharge, we are not inclined to extend clemency at this time. However, should the applicant continue in his efforts to become a productive and successful member of society, and to exhibit the qualities associated with good citizenship, he may, of course, submit a request for clemency at a later time.  

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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 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 March 2003 under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 27 Aug 02, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 24 Sep 02.
     Exhibit D.  Letter, SAF/MRBR, dated 4 Oct 02.