RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2007-02038
		INDEX CODE:  110.02
						COUNSEL:  NONE

						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 was informed that his discharge would be automatically upgraded to honorable after six months.  He is asking that his discharge be upgraded to honorable so that he may have the privilege to be able to pursue a college degree.

In support of his request, the applicant submits a DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States. 

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

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STATEMENT OF FACTS:

Applicant enlisted in the Air Force on 5 August 1982 for a period of six years as a security police specialist.

On 7 July 1986, he was notified by his commander that he was recommending he be discharged from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airman for a commission of a serious offense, drug abuse. The specific reason for this action was on 25 April 1986, he received an Article 15 for failure to go and wrongful use of marijuana.  He was advised of his rights in this matter.  He acknowledged receipt of the notification, consulted counsel, and elected not to submit statements on his own behalf. On 7 July 1986, a legal review found his case legally sufficient and recommended a general discharge.  On 9 Jul 1986, he was discharged from the Air Force for misconduct in the grade of airman first class.  He served 3 years, 11 months and 5 days on active duty.

In response to the Board's request, the Federal Bureau of Investigations (FBI) provided a copy of an investigative report pertaining to the applicant. A copy of the FBI report was forwarded to the applicant on 17 October 2007 for review and response within 30 days (See Exhibit D). He has not responded.

On 17 October 2007, a request for post-service information was forwarded to the applicant for response within 30 days. He has not responded.

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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 find no evidence of an error or injustice that occurred in the discharge processing.  Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority.  The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a 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-2007-02038 in Executive Session on 28 November 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-02038:

	Exhibit A.	DD Form 149, dated 20 Jun 07, w/atch.
	Exhibit B.	Available Military Personnel Records.
	Exhibit C.	FBI Report of Investigation, dated 24 Jul 07.
	Exhibit D. Letter, SAF/MRBC, dated 17 Oct 07.