RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03202
		INDEX CODE:  A67.70

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He acknowledges the error of his ways and has become a responsible adult.  He now desires to be employed by the government.  He feels that his discharge would greatly affect his chance of employment.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 20 Nov 86 for a period of four years in the grade airman basic.

On 24 Aug 88, the applicant’s commander notified him that he was recommending that the applicant be discharged for drug abuse.  The reason for this action was that on or about 10 Jul 88 to about 22 Jul 88, he wrongfully used marijuana, for which he received an Article 15 on 18 Aug 88.  The applicant was advised of his rights in the matter and that a general discharge would be recommended.

In a legal review of the discharge case file, dated 1 Sep 88, the office of the Staff Judge Advocate found the file was legally sufficient and recommended that the applicant be discharged with a general discharge.  

On 8 Sep 88, the discharge authority approved the discharge action and directed that the applicant be furnished a general discharge.

On 9 Sep 88, the applicant was discharged under the provisions of AFI 36-3208 (Misconduct – Drug Abuse) and furnished a general discharge.  He was credited with 1 year, 9 months, and 19 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRSP recommended denial.  Based on the documentation in the file, they believe that the discharge was consistent with the procedural and substantive requirements of the discharge regulation, and was within the discretion of the discharge authority.  They indicated that 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 an upgrade in his discharge.

A complete copy of the AFPC/DPPRSP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 31 Oct 03 for review and response.  As of this date, no response has been received by this office (Exhibit D).

_________________________________________________________________

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.  The evidence of record indicates that the applicant was involuntarily discharged for misconduct after receiving nonjudicial punishment under Article 15 for wrongfully using marijuana.  There is no indication in the evidence provided that the applicant’s discharge was improper or contrary to the provisions of the discharge directive under which it was effected.  Furthermore, due to the lack of documentation concerning his activities since leaving the service, we are not inclined to recommend upgrading his discharge based on clemency at this time.  Therefore, in the absence of evidence that the applicant's substantial rights were violated, that the information contained in the discharge case file was erroneous, or that his superiors abused their discretionary authority, we find no basis to act favorably on the applicant’s request for upgrade of his general discharge to honorable.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2003-03202 in Executive Session on 18 Dec 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Sep 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRSP, dated 20 Oct 03.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Oct 03.