RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03198
		INDEX NUMBER:  110.00
	XXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	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 got into trouble in the Air Force for using drugs and alcohol.  He now has 5 years of sobriety and attends Alcoholic Anonymous meetings and church.  He volunteers 10 hours per week at a local charity.

The applicant’s complete submission, with attachments, is at Exhibit A

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STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 13 Nov 78.  On 4 Jun 81, his commander notified him that he was recommending his discharge from the Air Force for his failure to complete the unit rehabilitation program and evidence of misconduct in his military record consisting of his conviction by special court-martial on 17 Mar 81 for wrongfully transferring 21.3 grams of marijuana and for transferring 5.8 grams of hashish on 20 Oct 80.  The applicant acknowledged receipt on 5 Jun 81 and did not request retention or submit statements in his behalf.  The recommendation for discharge was found legally sufficient and the applicant was discharged with a General (Under Honorable Conditions) discharge on 15 Jul 81.

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AIR FORCE EVALUATION:

AFPC/DPPRSP recommends denial of the applicant’s request.  Even though the applicant has made personal improvements during the last 5 years, he did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.

The complete 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 31 Oct 03 for review and comment within 30 days.  To date, a response has not been received.

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FBI REPORT:

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a Report of Investigation pertaining to applicant.

The complete report is at Exhibit E.

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APPLICANT’S RESPONSE TO THE FBI REPORT:

A copy of the FBI report was forwarded to the applicant on 18 Dec 03 for review and comment within 30 days.  To date, a response has not been received.

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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 find no impropriety in the characterization of applicant’s discharge.  It appears that the applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation and that he was afforded all rights to which he was entitled at the time of discharge.  In considering applicant’s request based on clemency, it appears that he has made a successful post-service adjustment and is obtaining help for his problems with drugs and alcohol.  However, in view of the extreme seriousness of the misconduct for which he was discharged, we do not believe that an upgrade of his discharge to honorable on the basis of 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-2003-03198 in Executive Session on 19 February 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Sep 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPRSP, dated 20 Oct 03.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Oct 03.
    Exhibit E.  FBI Report
    Exhibit F.  Letter, AFBCMR, dated 18 Dec 03.