RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02509
		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 discovered the possibility of a status upgrade in July 2004.  Otherwise, he would have petitioned within the three-year time frame.  He was working for a major airline for 13 ½ years prior to being laid off after the events of September 11.  During his search for a new job, it became apparent, due to the heightened security, his discharge could affect his ability to secure the same level of job responsibility.

He feels his general discharge is unjust for one mistake he made in his twenties so many years ago which now impairs his ability to provide the best possible living for his family. 

In support of his appeal, applicant submitted a personal statement and a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 2 May 88.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 24 Apr 85, the applicant enlisted in the Regular Air Force in the grade of airman basic for a period of four years. He received two performance reports with overall evaluations of 8 and 9, respectively.

On 13 Apr 88, the squadron commander initiated administrative discharge action against the applicant for drug abuse.  The basis for the proposed discharge action was that:

On 15 Mar 88, applicant received nonjudicial punishment for knowingly and wrongfully using marijuana between 12 Jan 88  and 26 Jan 88.  His punishment consisted of a suspended reduction to airman basic, forfeiture of $150 pay per month for two months and 45 days of extra duty.

On 15 Apr 88, after consulting with counsel, applicant waived his right to submit statements in his own behalf.  On 22 Apr 88, the Group Staff Judge Advocate found the case to be legally sufficient to support discharge without probation and rehabilitation (P&R).

On 27 Apr 88, the discharge authority approved a general (under honorable conditions) discharge and stated that probation and rehabilitation were considered and deemed inappropriate.

On 2 May 88, applicant was discharged under the provisions of AFR 39-10, by reason of misconduct - drug abuse, with service characterized as general, under honorable conditions.  He was credited with 3 years and 9 days of active duty service.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 28 Oct 04, that, on the basis of data furnished, they are unable to locate an arrest record.

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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 a change to his character of service.  

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 Dec 04, applicant provided additional documentation to support his appeal.  This included letters of character reference from a family member and several letters from former co-workers and current and former supervisors.

Applicant’s complete response is at Exhibit F.

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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.  After careful consideration of the evidence of record, a majority of the Board 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.  The majority of the Board does not condone the behavior which led to the applicant’s non-judicial punishment and subsequent discharge.  However, in view of the absence of any derogatory information on the FBI Report and the letters of character reference submitted in his behalf, they believe he has overcome the behavioral traits which led to his discharge, and has been a responsible citizen and productive member of society since his separation.  Therefore, the majority of the Board finds that an upgrade of the characterization of his discharge to honorable is warranted on the basis of clemency.  Accordingly, the majority of the Board recommends that the applicant’s records be corrected as indicated below.

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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 2 May 1988, he was honorably discharged and furnished an Honorable Discharge Certificate.

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The following members of the Board considered AFBCMR Docket Number BC-2004-02509 in Executive Session on 11 January 2005, under the provisions of AFI 36-2603:

By a majority vote, the members voted to upgrade the applicant’s discharge to honorable.  Mrs. XXXXX voted to deny the request and did not desire to submit a minority report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 29 Aug 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report of Investigation.
     Exhibit D.  Letter, HQ AFPC/DPPRS, dated 3 Sep 04.
     Exhibit E.  Letter, SAF/MRBR, dated 10 Sep 04.
     Exhibit F.  Letter, AFBCMR, dated 24 Nov 04.
     Exhibit G.  Letter, Applicant, dated 21 Dec 04, w/atchs.