RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01206
		INDEX CODE:  

		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:

He has only used marijuana once in his life.  He has learned his lesson.  He has been a wonderful husband and father for more than eight or nine years, and that he would like the opportunity to possibly serve his nation once again.

In support of his appeal, the applicant has provided a DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, a personal statement, a copy of his National Guard Bureau (NGB) Form 22, National Guard Bureau Report of Separation and Record of Service, copies of several statements of support from friends, supervisors, and coworkers, and copies of two drug test results.

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

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STATEMENT OF FACTS:

The applicant contracted his enlistment in the XXX Air National Guard (XX ANG) on 29 July 1991.  He tested positive for marijuana use after submitting to a random urinalysis test and was recommended for discharge by his commander.  In accordance with Air Force Instruction (AFI) 36-3209, the applicant was discharged for Misconduct/Drug Abuse, with service characterization of general (Under Honorable Conditions) on 15 January 1996.  He was serving in the grade of Senior Airman (SRA/E-4) and had served for six years, one month, and seventeen days at the time of his discharge.

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AIR FORCE EVALUATION:

ANG/DPPI reviewed this application and recommended denial.  Citing AFI 36-3209, DPPI states that drug abuse is not compatible with military service and though a members’ service may have been honest and faithful, if significant negative aspects of conduct or performance exists then the general (Under Honorable Conditions) discharge is fitting.

DPPI’s complete evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air National Guard evaluation was forwarded to the applicant on 8 August 2003 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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.  We took notice of the applicant's complete submission in judging the merits of the case, including his assertions that his was a one-time offense and one he has not repeated; however, we agree with the opinion and recommendation of the Air National Guard office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  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-2003-01206 in Executive Session on 16 September 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Apr 03, w/atchs. 
    Exhibit B.  Letter, ANG/DP, dated 28 Jul 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 8 Aug 03.