RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03507
		INDEX CODE:  110.02

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	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 did not fully understand the ramifications of his actions and therefore did not change his behavior.  Additionally, he believes the drug screening process was selective and not objective in regard to the selection process.

In support of his appeal, applicant submitted a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 5 Nov 84; XXXXX (XX) State Police Request for Criminal Record Check, dated 25 Oct 01, (reflecting no record); XX Child Abuse History Clearance, dated 8 Nov 01, (reflecting no record); letters of character reference from his brother-in-law, supervisor and a family care agency case manager.

Applicant’s complete submission is at Exhibit A. 

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 24 Mar 82 in the grade of airman basic for a period of four years.  Prior to the events under review, he was promoted to the grade of airman first class (A1C/E-3).  Applicant’s grade at time of discharge was airman basic (AB/E-1).  

A resume of applicant’s airman performance reports (APR) profile follows:

	      PERIOD CLOSING			OVERALL EVALUATION

23 Mar 83							9
			23 Mar 84							8
			06 Sep 84							5

On 26 Sep 84, the squadron commander initiated administrative discharge action against the applicant for drug abuse.  The bases for the proposed discharge action were that:

     On 3 Jan 84, applicant received nonjudicial punishment for knowingly and wrongfully using marijuana from on or about 7 Sep 83 to 3 Oct 83.  His punishment consisted of a suspended reduction to airman and 30 days of extra duty.

     On 14 Aug 84, applicant received nonjudicial punishment for wrongful use of marijuana on or about 21 Jul 84.  Punishment consisted of a reduction to the grade of airman basic and 30 days of additional duty.

After consulting with counsel and having been advised of his rights, applicant submitted a conditional waiver of his rights associated with an administrative discharge board hearing contingent on his receipt of no less than a general discharge.  On 2 Oct 84, the Wing Staff Judge Advocate found the case to be legally sufficient to support discharge.  He recommended the conditional waiver be rejected and applicant be advised to submit either an unconditional waiver or a request for an administrative discharge board hearing.  The conditional waiver was denied and on 12 Oct 84, applicant submitted an unconditional waiver of his right to an administrative discharge board with the understanding that he could be issued an under other than honorable conditions (UOTHC) discharge.  On 15 Oct 84, the Wing Staff Judge Advocate found the case to be legally sufficient to support discharge and recommended a UOTHC, without probation and rehabilitation (P&R).

On 22 October 1984, the wing commander recommended the applicant’s unconditional waiver be accepted and the discharge authority approve a UOTHC and that probation and rehabilitation were not appropriate.  On 26 Oct 84, the Numbered Air Force Staff Judge Advocate found the case file legally sufficient and recommended a UOTHC discharge without P&R.

On 26 Oct 84, the discharge authority approved a UOTHC discharge and stated that probation and rehabilitation were considered and deemed inappropriate.

On 5 Nov 84, applicant was discharged under the provisions of AFR 39-10, by reason of misconduct - drug abuse, with service characterized as under other than honorable conditions.  He was credited with 2 years, 7 months, and 12 days of active duty service.

On 7 Oct 92, the Air Force Discharge Review Board (AFDRB) denied the applicant’s request for upgrade of his discharge to honorable.  The AFDRB examiner noted applicant’s DD Form 214 erroneously cited the character of service as general (under honorable conditions) (Exhibit C).

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 23 Feb 04, that, on the basis of data furnished, they are unable to locate an arrest record.

On 22 Jan 04, applicant’s DD Form 214 was administratively corrected to reflect character of service as “under other than honorable conditions” rather than “general (under honorable conditions).”

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based on available documentation in the file, they found the discharge consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the sound discretion of the discharge authority.  They also noted applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing and provided no other facts warranting an upgrade of the discharge.  

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 Feb 04 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant has requested that his general discharge be upgraded to honorable.  However, the available record reflects that the discharge authority directed an under other than honorable conditions (UOTHC) discharge, not a general (under honorable conditions) discharge as reflected on his DD Form 214.  After careful consideration of the evidence of record, we found no evidence that the actions taken to effect the applicant’s discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or that the actions taken against the applicant were based on factors other than his own misconduct.  Nevertheless, while we do not condone the behavior that led to his discharge, he has had to live with its adverse effects for almost 20 years.  As evidenced by the letters of character reference and support provided in the applicant’s behalf, it appears that he has been a responsible citizen and productive member of society since leaving the service.  In view of this, we believe that some form of relief is warranted.  Therefore, we find that an upgrade of the characterization of his discharge to general, under honorable conditions, is warranted on the basis of clemency.  An honorable discharge was considered; however, in view of his overall record of service, we do not believe that an upgrade of his discharge to fully honorable is warranted.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 5 November 1984, he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered AFBCMR Docket Number BC-2003-03507 in Executive Session on 1 April 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 24 Nov 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  AFDRB Hearing Record.
     Exhibit D.  Letter, HQ AFPC/DPPRS, dated 27 Jan 04.
     Exhibit E.  Letter, SAF/MRBR, dated 6 Feb 04.

                                   

AFBCMR BC-2003-03507

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to XXXXXXX, XXXXXXX, be corrected to show that on 5 November 1984, he was discharged with service characterized as general (under honorable conditions).