RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-03730

	 	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:

While on active duty, he was not offered an opportunity for a spiritual rebirth that was necessary for his rehabilitation from marijuana use. 

In support of the appeal, the applicant submits a copy of his credit report, college transcript, Holy Ghost certificate and letter of recommendation.

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

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STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 22 May 1973.  He was progressively promoted to the grade of airman first class, with an effective date and date of rank of 8 June 1974.

On 14 November 1975, he received notification that he was being recommended for discharge due to his conviction by a civil court for the offense of illegal possession of 32.6 grams of marijuana on 27 October 1975.  He received a general discharge on 13 January 1976, under the provisions of AFM 39-12 (misconduct - civil conviction.  He had completed a total of 2 years, 7 months and 5 days and was serving in the grade of airman first class (E-3) at the time of discharge.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, provided an arrest record which is at Exhibit E.

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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 and within the discretion of the discharge authority.  The applicant did not submit any new evidence nor provide 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 3 January 2003 for review and response within 30 days.  On 15 July 2003, a copy of the FBI Arrest Record was forwarded to the applicant for review and response within 14 days.  However, 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 probable error or injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we are not persuaded that a change to his characterization of service is warranted.  In this respect, we note that the applicant received a general discharge due to his civil court conviction for illegal possession of marijuana.  The discharge appears to be in compliance with the governing manual in effect at the time of his separation and he has provided no evidence to indicate that his separation was inappropriate.  Absent persuasive evidence that he was denied rights to which entitled, appropriate regulations were not followed, or appropriate standards were not applied, we find no basis to disturb the existing record.

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 that 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 BC-2002-03730 in Executive Session on 21 October 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Nov 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 13 Dec 02.
	Exhibit D.  Letter, SAF/MRBR, dated 3 Jan 03.
    Exhibit E.  Investigative Report, FBI.
    Exhibit F.  Letter, AFBCMR, dated 15 Jul 03.