RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02851
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

The discharge was based on one incident in 30 months of excellent service.  In addition, he recalls some good commendations being taken out of his record.

Applicant did not provide any documents in support of the appeal.  Applicant's submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 7 June 1983 for a period of four years.  Prior to the events under review, he was progressively promoted to the grade of airman first class (E-3), effective and with a date of rank of 7 July 1984.  He received two Airman Performance Reports (APRs) closing 6 June 1984 and 6 June 1985, in which the overall evaluations were “9” and “8.”

On 21 January 1986, the applicant’s commander notified him that he was recommending a general discharge for misconduct, drug abuse.  The basis for the action was applicant confessed to using marijuana in New York on or about 25 December 1985.  As a result, he received an Article 15 on 10 January 1986.  Punishment consisted of reduction to airman basic, forfeiture of $100 per month for two months and seven days extra duty.  He also received a letter of counseling on 16 October 1985, for improper inspection of seven vehicle tires; a Record of Counseling on 13 July 1985, for being late to work as a result of his off-duty job; on 14 March 1985, failure to inspect a defective chart recorder; on 8 November 1984, an unsatisfactory room inspection; on 4 June 1984, failure to attend a scheduled class; and a Letter of Admonishment on 14 May 1985, for sleeping on duty.  Applicant confessed to using marijuana twice before entering the Air Force.  He consulted legal counsel and submitted a statement to his commander requesting an honorable discharge.  The base legal services reviewed the case file and found it legally sufficient to support discharge.  Probation and rehabilitation (P&R) were not recommended.  The Discharge Authority concurred with the recommendations and ordered a general discharge without P&R on 30 January 1986.

The applicant, while serving in the grade of airman basic, was discharged from the Air Force on 3 February 1986 under the provisions of AFR 39-10 (misconduct - drug abuse) with an under honorable conditions (general) discharge.  He served 2 years, 7 months and 27 days on active duty.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, indicated that, on the basis of the data furnished they were unable to locate an arrest record (Exhibit C).

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AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the discretion of the discharge authority.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 26 September 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response 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 error or injustice.  Evidence has not been presented that would lead us to believe that the applicant’s discharge was erroneous or unjust.  Absent evidence by the applicant showing that his commanders abused their discretionary authority, the information in the discharge case file was erroneous, his substantial rights were violated or his service, when weighed against the misconduct that resulted in his separation, warranted a better characterization than the one he received, we have no basis on which to favorably consider his request for a fully honorable discharge.

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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 this application in Executive Session on 19 November 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 21 May 03.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	FBI Report.
	Exhibit D.	Letter, AFPC/DPPRS, dated 18 Sep 03.
	Exhibit E.	Letter, SAF/MRBR, dated 26 Sep 03.