RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03949
		INDEX CODE:  110.02
		COUNSEL:  NONE

	\	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be changed to a general (under honorable conditions) discharge.

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APPLICANT CONTENDS THAT:

His honorable service was not taken into account and his discharge was based on an isolated incident.  He successfully completed a drug rehabilitation program prior to being discharged.  From 2000 through 2002 he worked with the local police and personally changed the lives of three troubled youths.  These three (3) youths are drug-free today due in large part to his involvement and support.  He is presently seeking employment with Homeland Security and the local Corrections Department. 

In support of his request, the applicant submits a personal statement, a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, 3 letters of support from former supervisors, a copy of Gunsmoke award from 1985, a letter of recommendation from his former Officer in Charge and 10 letters of achievement.

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 as an airman basic on 17 June 1982 for a term of 4 years.  On 11 December 1985, the applicant requested that he be discharged in lieu of trial by court-martial.  Court-martial charges were referred against applicant on 13 December 1985.  

The security police investigated him after he was accused by another airman of using marijuana and methamphetamine.  A urinalysis tested positive and applicant admitted to using illicit drugs numerous times.  Investigation revealed applicant had used marijuana on divers occasions from 1 April to          30 April 1985, and used methamphetamines on divers occasions from 1 August 19984 to 1 April 1985.  After charges were referred and he consulted with counsel, he requested discharge in lieu of court-martial.  His commanders and the legal authorities recommended approval of the discharge with a UOTHC characterization, primarily because he cooperated with other drug investigations that resulted in prosecutions.  The discharge package was reviewed by the acting staff judge advocate and the deputy staff judge advocate and found to be legally sufficient and recommended approval with a UOTHC discharge without probation and rehabilitation.  

On 27 January 1986, the approving authority approved his discharge and he was discharged on 18 February 1986, under the provisions of AFR 39-10, Chapter 4, pursuant to his request for discharge in lieu of trial by court-martial.  He was issued a UOTHC discharge. The applicant served three (3) years and eight (8) months on active duty. 

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 11 April 2003, that, on the basis of data furnished, they are unable to locate an arrest record. 
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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  The discharge was consistent with the procedural and substantive requirements of the discharge regulation and the separation was within the discretion of the discharge authority.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  Additionally, he provided no facts warranting a change in his discharge.  Accordingly, we recommend his records remain the same and his request be denied.

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 7 Mar 03, for review and comment within 30 days.  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 an error or injustice in regard to his request that his discharge characterization be changed.  After a thorough review of the documentation provided in support of his appeal and the evidence of record, it is our opinion that given the circumstances surrounding his separation from the Air Force, the discharge given to the applicant was proper and in compliance with the appropriate directives.  Applicant has not provided any new evidence, which would lead us to believe otherwise.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend a change in his discharge characterization.

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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-2002-03949 in Executive Session on 20 May 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 25 Nov 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 28 Feb 03.
	Exhibit D.	Letter, SAF/MRBR, dated 7 Mar 03.