RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03400
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His general discharge be updated to honorable.

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APPLICANT CONTENDS THAT:

He should have been allowed probation and rehabilitation (P&I) prior to discharge; that the offense that led to his discharge was the only offense and that it was a first time offense; that he was one of four individuals identified yet only he was singled out for punishment; and that he knows he made a mistake.

Applicant’s submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his enlistment with the Regular Air Force on 9 March 1981.  He was progressively promoted to the grade of Senior Airman (SRA/E-4) with a date of rank of 1 December 1983.  

Applicant received an Article 15 on 2 October 1984 for use and possession of marijuana.  His punishment consisted of a suspended reduction in grade to Airman First Class (A1C/E-3), forfeiture of $200 and restriction to the base for 30 days.  

On 15 October 1984, the applicant received notification that he was being recommended for discharge due to misconduct.  He received a general discharge without probation and rehabilitation under the provisions of AFR 39-10, Misconduct - Drug Abuse.  He had completed a total of 3 years and 8 months and was serving in the grade of SRA at the time of discharge.

Applicant appealed his general discharge to the Discharge Review Board (DRB); however, the DRB denied his appeal.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  DPPRS states that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  DPPRS notes the DRB denial of the applicant’s appeal on 13 March 1986.  The applicant failed to submit any new evidence or identify any errors or injustices that occurred during the discharge processing.  (Exhibit C)

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant explains that there was a misunderstanding between him and his commander at the interview following the use and possession of marijuana incident.  Applicant contends that he misunderstood the questions his commander asked and thereby did not provide adequate answers. 

Applicant questions why he was not offered a chance at probation and rehabilitation (P&R). 

Applicant's complete statement with attachments 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice warranting upgrade of applicant’s discharge to honorable.  While the discharge action taken against the applicant appears to be appropriate, we believe that the character of his discharge was unduly harsh.  In this respect, we note that his record of performance prior to the incident which led to his discharge, was excellent.  In addition, we note that applicant’s commander had recommended him for probation and rehabilitation (P&R), which, in our opinion, the commander felt that the applicant had the potential to overcome his misconduct and return to duty.  While the action by the legal advisor not to recommend P&R was within his authority, as stated above, we believe that the issuance of a general discharge was harsh.  In view of the above findings, we recommend applicant’s discharge be upgraded to honorable. 
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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 9 November 1984, he was honorably discharged and furnished an Honorable Discharge certificate under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority.)

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The following members of the Board considered AFBCMR Docket Number BC-2002-03400 in Executive Session on 9 April 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Oct 02, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 13 Nov 02.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Nov 02
    Exhibit E.  Letter, Applicant, undated, w/atch.