RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03358
				INDEX CODE:  110.00
	APPLICANT	COUNSEL:  None

	SSN		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

When he was in the service he was very young and head strong.  He did not believe he was doing any wrong and that he was the only person doing right.  But as he has grown older, time has proved him wrong and he now knows better.  He apologizes to the United States of America and the United States Air Force for all the trouble he caused when he was younger and he regrets all of his action and is very sorry for his past mistakes.

It has been over twenty years since his discharge and he has become a good citizen.  He would appreciate an upgrade.

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

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STATEMENT OF FACTS:

On 30 May 1973, the applicant enlisted in the Regular Air Force as an airman first class for a period of six (6) years.  

On 1 May 1978, the applicant was notified of his commander’s intent to initiate discharge action against him for Drug Abuse.  The commander recommended an under other than honorable conditions (UOTHC) discharge.  The reasons for the discharge action were:

	a.  The applicant on or about 19 October 1973, violated a lawful general regulation by possessing 162.71 grams, more or 
less, of marijuana, for which he was convicted by general court-martial.

	b.  The applicant on or about 7 November 1975, violated a lawful general regulation by wrongfully selling marijuana.  The applicant on or about 11 November 1975, violated a lawful general regulation by wrongfully selling marijuana.

The commander advised the applicant of his right to consult legal counsel and that military legal counsel had been obtained for him; to present his case to an administrative discharge board; and to submit statements in his own behalf; or waive the above rights after consulting with counsel.

On 8 May 1978, after consulting with counsel, applicant waived his right to an administrative discharge board and to submit a statement.  It was further noted that if the applicant received an other than honorable discharge it would be under conditions other than honorable and as a result of such a discharge the applicant may be deprived of veteran’s benefits; and may encounter substantial prejudice in civilian life situations where the type of service rendered in any branch of the Armed Forces or the type of discharge received therefrom may have bearing.

A legal review was conducted on 9 May 1978 in which the staff judge advocate recommended the applicant be discharged with an other than honorable discharge without probation and rehabilitation.

On 11 May 1978, the discharge authority approved the discharge without probation and rehabilitation.

Applicant was discharged on 30 May 1973, in the grade of airman first class with service characterized as UOTHC, in accordance with AFR 39-12 (Drug Abuse).  He served a total of 4 years, 11 months and 13 days of active service.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Washington, D.C., provided an investigative report which is attached at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS states the applicant has not submitted any evidence nor identified any errors or injustices that occurred in the processing of his discharge.  Based upon the documentation in the applicant's file, they believe his discharge was consistent with the procedural and substantive requirements of the discharge regulations of that time.  Also, the discharge was within the sound discretion of the discharge authority.  Therefore, based on 
the information and evidence provided they recommend the applicant's request be denied (Exhibit D).  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant in support of his request submitted two character letters from his pastor and a copy of a certificate from the Georgia Bureau of Investigation (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 of timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After thoroughly reviewing the evidence of record, we are not persuaded to recommend upgrading the discharge.  Based on the documentation in the applicant's records, it appears that the processing of the discharge and the characterization of the discharge were appropriate and accomplished in accordance with Air Force policy.  We have considered the applicant’s overall quality of service and in view of the numerous instances of misconduct while the applicant was on active duty, we do not believe that clemency is warranted.  The applicant provided evidence of his post-service activities, however, the FBI report shows the applicant was charged and arrested for similar misconduct that was the basis for his discharge.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 AFBCMR Docket Number Bc-2002-03358 in Executive Session on 24 April 2003 under the provisions of AFI 36-2603:
The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 Nov 02, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 4 Dec 02.
   Exhibit E.  Letter, SAF/MRBR, dated 20 Dec 02.
   Exhibit F.  Applicant’s Response, dated 3 Feb 03, w/atchs.