RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01861
		INDEX CODE:  110.02
		COUNSEL:  NONE
		HEARING DESIRED:  NO
					
MANDATORY CASE COMPLETION DATE: Dec 15, 2008

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.
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APPLICANT CONTENDS THAT:

His discharge is based on one isolated incident in 114 months of service with no other adverse actions.  

His discharge was a result of him going forward to his commander to avert any potential security impact.

His records clearly show an otherwise excellent record of conduct, including Good Conduct Medals.

There have been no other involvements with illegal activities, charges or incidents in 20 years since discharge, with the exception of traffic tickets.

His characterization has negatively impacted employment efforts since discharge with state and federal agencies.

In support of his request, the applicant provided a statement in his own behalf and a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty.

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

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STATEMENT OF FACTS:

The applicant entered active duty Air Force on 13 May 77.

A resume of the applicant’s performance reports follows:

	CLOSE-OUT DATE 		OVERALL RATING

	  22 May 78			9  
	CLOSE-OUT DATE 		OVERALL RATING

	  21 Dec 78			9
	  21 Dec 79			9
	  21 Dec 80			9
	   7 Jul 82			9
	   9 Feb 83			9
	   9 Feb 84			9
	  16 Jul 84			9
	   3 Jul 85			9
	   7 May 86			8

The applicant’s military personnel records indicate that on 7 May 86, he admitted to his commander he had used marijuana about three weeks prior to reporting it and that he had used marijuana experimentally on other occasions five or six years prior. The applicant’s commander read him his rights and requested a urinalysis. The applicant voluntarily consented to a urinalysis, which resulted in negative results for marijuana and cocaine.

On 13 May 86, the applicant received an Article 15, Nonjudicial Punishment, for wrongful use of marijuana.  He was reduced to the grade of staff sergeant and ordered to forfeit $559.00 per month for two months.

On 23 Jul 86, the applicant was notified of pending discharge actions.  

On 25 Jul 86, the applicant submitted statements in his own behalf.

On 28 Jul 86, the applicant submitted a conditional waiver request contingent upon the receipt of no less than a general discharge.

On 12 Aug 86, the commander approved the applicant’s conditional waiver and directed the applicant receive a general discharge without probation and rehabilitation.

The applicant was discharged on 15 Aug 86 with a general discharge with a total of 9 years, 3 months, and 3 days of active federal service.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, was unable to identify an arrest record 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, Separation of Airmen, (extract copy of applicable portion attached as Exhibit D).  Nor has he shown the nature of the discharge was unduly harsh or disproportionate to the offenses committed.   At the time of the applicant’s discharge, AFR 39-10, Chapter 5, Section H, paragraph 5-49c, stated that, “airmen may be discharged for misconduct based on drug abuse that is in the introduction on a military installation, of, the illegal, wrongful, or improper use of, or the possession, sale, or transfer of, any narcotic substance, as established by U.S.C. 812.”  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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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, the applicant did not submit any evidence or identify any errors or injustice that occurred in the discharge processing.  He provided no facts warranting a change to his general (under honorable conditions) discharge.  Based on the documentation on file in the master personnel records (MPR), the discharge was consistent with the substantive requirements of the discharge regulation.  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 Docket Number BC-2007-01861 in Executive Session on 19 July 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/Atchs, dated 9 Jun 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Negative FBI Report, dated 20 Jun 07.
    Exhibit D.  Extract, AFR 39-10, dated 1 Oct 84.