RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01026
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

	MANDATORY CASE COMPLETION DATE:  5 OCTOBER 2008

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APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded.

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APPLICANT CONTENDS THAT:

He was unfairly discharged for misconduct (drug abuse), he was included in a statement made by another member of the military for allegedly seeing him doing drugs.  He was refused a drug test to prove his innocence and was not allowed to make a statement on his behalf.

In support of the application, the applicant submits his DD Form 214.

The applicant's complete submission, with an attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Air Force (AF) on 17 December 1981 for a period of four years.

On 6 May 1985, the applicant was notified of his commander’s intent to recommend him for discharge from the Air Force under the provisions of Air Force Regulation (AFR) 39-10, Enlisted Personnel, Administrative Separation of Airmen, paragraph 5-49(c) for drug abuse.  The specific reason for the discharge action was.

	On 27 March 1985, the applicant received an Article 15 for wrongful use of marijuana on or about 30 October 1984.  For this misconduct the applicant was reduced in rank to airman first class (A1C), forfeiture of $200.00 a month for two months and restriction to the base for 60 days.

The commander advised the applicant of his right to consult legal counsel and that military legal counsel had been obtained for him; submit statements in his own behalf; and that failure to consult counsel or to submit statements would constitute a waiver of his right to do so.

On 7 May 1985, the applicant acknowledged receipt of the notification of discharge and after consulting with legal counsel invoked his right to submit statements in his own behalf.

On 13 May 1985, a legal review was conducted in which the staff judge advocate recommended the applicant receive a general discharge without probation and rehabilitation.  

On 6 June 1985, the discharge authority approved the separation and directed that the applicant be discharged with a general discharge without probation and rehabilitation.

The applicant was discharged on 10 June 1985 in the grade of A1C under the provisions of AFR 39-10.  He had 3 years, 5 months and 24 days of military service.

The applicant appealed to the Air Force Discharge Review Board (AFDRB) to have his under honorable conditions (general) discharge upgraded to honorable.  The AFDRB, on 17 June 1986, denied the applicant’s request for an upgrade of his discharge.

Pursuant to the Board’s request, the FBI provided a copy of an Investigation Report pertaining to the applicant (Exhibit C).

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AIR FORCE EVALUATION:

None.  The applicant has not shown the characterization of his discharge was contrary to the provisions of AFR 39-10, Enlisted Personnel, Administrative Separation of Airmen, paragraph 5-49(c) (Exhibit D).  Nor has the applicant shown the nature of the discharge was unduly harsh or disproportionate to the offenses committed.  Notwithstanding the absence of error or injustice, the Board has the prerogative to grant relief on the basis of clemency if so inclined.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the FBI Investigation was forwarded to the applicant on 21 May 2007 for review and comment within 30 days.  As of this date, this office has received no response (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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt its rationale as the basis for our decision that the applicant has failed to sustain his burden of proof that he has suffered either an error or an injustice.  Based on the documentation in the applicant's records, it appears that the processing of the discharge and the characterization of his service were appropriate and accomplished in accordance with Air Force policy.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 AFBCMR Docket Number BC-2007-01026 in Executive Session on 8 August 2007 under the provisions of AFI 36-2603:

				XXXXXXXXXX, Panel Chair
XXXXXXXXXX, Member
				XXXXXXXXXX, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-01026 was considered:

Exhibit A.  DD Form 149, dated 29 Mar 07, w/atch.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  FBI Report.
Exhibit D.  Excerpt from AFR 39-10
	Exhibit E.  Letter, AFBCMR, dated 21 May 07.

XXXXXXXXXX	                      
             Panel Chair