RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-02118
								INDEX CODE:  106.00
								COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  2 January 2009

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APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He was discharged from the Air Force for a one-time indiscretion and was offered two ways to deal with it:  a reduction in rank and completion of drug rehabilitation, or a discharge for misconduct – drug abuse.  He had no representation and did not want to go through drug rehabilitation for something that happened just once, so he chose an early discharge.  This has bothered him since it happened, and with no representation, he did not know of any options.  He is currently under treatment with mental health [sic] and the subject has bothered him for many years.

During the last year or so of his enlistment, events occurred that were very hard on him.  He was involved in a car accident that damaged his head badly, and he went right to work with only one lost day.  His wife left him and took his two children, and called him and said if he did not come and get his children, she would give them up for adoption.  He got money from the Red Cross and flew to Washington and brought them home with him.  Even with help from people at the college, he couldn’t do [sic] and wound up having them adopted by a family in Michigan.  He promised not to contact them, and went into a deep depression for which he is still undergoing treatment.  

He was at a volley-ball party and was offered marijuana which he tried one-time, didn’t like, and never did again; however, he tested positive during random urinalysis testing and was never given a chance to explain.  

He was very good at his job, was deployed to Ellsworth AFB for Global Shield and won an award, worked very hard, and all of his appraisals were good.  Even with his illness, he is still very patriotic and has a great attitude for the military.  He would like an honorable discharge he can frame and be proud of.  He was honest, patriotic, hard-working, and honestly believes he was an asset to the Air Force.  He asks that this be considered carefully as he has very little in life.  

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 29 July 1980, and served as a graphics specialist until his discharge. 

On 9 January 1984, the applicant was notified of his commander's intent to recommend him for a general discharge for misconduct – drug abuse. 

The commander stated the following reasons for the proposed discharge:         

a.	On 21 December 1981, the applicant failed to go at the time prescribed to his appointed place of duty for which he received an Article 15.  Punishment consisted of a reduction to the grade of airman (E-2), suspended until 1 July 1982, and forfeiture of $100.00

b.	On 17 June 1983, the applicant failed to meet established dormitory standards for which he received a Letter of Reprimand (LOR), dated 17 June 1983

c.	On 8 July 1983, the applicant failed to meet established dormitory standards for which he received an LOR, dated 8 July 1983, with UIF entry

d.	Between 2 and 8 November 1983, the applicant wrongfully used marijuana for which he received an Article 15.  Punishment consisted of a reduction to the grade of airman first class (E-3), and forfeiture of $50.00, suspended until 21 June 1984

e.	On 22 December 1983, the applicant failed to go at the time prescribed to his appointed place of duty for which he received an LOR, dated 16 January 1984

The commander advised the applicant of his right to consult legal counsel and submit statements in his own behalf, and that his failure to do so would constitute a waiver of his right to do so.   

On 11 January 1984, after consulting with counsel, the applicant waived his right to submit statements in his own behalf.  

A legal review was conducted on 23 January 1984, in which the staff judge advocate noted that the applicant’s misconduct, particularly his drug abuse, constituted significant negative aspects of his conduct which clearly outweighed any positive aspects of his military record, and that a general discharge was therefore appropriate.  He recommended that he be separated without probation and rehabilitation, and furnished a general discharge certificate.

A resume of the applicant's performance reports follows:  

	PERIOD ENDING 				OVERALL EVALUATION

	 8 Jan 1984         	 		7
	19 Jun 1983         			8
	19 Jun 1982     				9
	28 Jul 1981         			9 (firewall)

The applicant’s records indicate he is entitled to wear the Air Force Training Ribbon. 

On 30 January 1984, the applicant was discharged in the grade of airman first class (E-3) under the provisions of AFR 39-10, paragraph 5-49c, for commission of a serious offense – drug abuse, with an under honorable conditions (general) service characterization.  He served a total of 3 years, 6 months, and 1 day of net active service 

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report which is at Exhibit C.  On 17 August 2007, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days, and his response is at Exhibit E.

On 17 August 2007, a request for post-service information was forwarded to the applicant for response within 30 days.  In response to our request, he provided post-service information which is attached at Exhibit E.

At the time of the applicant’s discharge, the service characterization received was appropriate under the provisions of the governing regulations in effect at the time.  Attached at Exhibit F, is an excerpt from AFI 36-3208, Administrative Separation of Airmen, which shows the current criteria for determining the characterization of service under similar circumstances.  Additionally, notwithstanding the absence of error or injustice, the Board has the prerogative to grant relief on the basis of clemency if so inclined.

Although his application indicates he furnished “records or documents pertaining to his mental conditions”, they were not contained in the application submitted.  

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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, although the Board is sympathetic to the events he states caused his separation, we find no evidence of an error or injustice that occurred in the discharge processing.  The applicant’s contentions are noted; however, a review of his record indicates that he consulted with counsel prior to waiving his right to submit statements in his behalf during the discharge processing.  Based on the available evidence of record, it appears that 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, given his multiple incidents of misconduct.  We considered upgrading the discharge based on clemency; however, his continued involvement with controlled substances as evidenced by the attached FBI report does not convince us that he has overcome the behavioral traits which caused the discharge, and, 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 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-2007-02118 in Executive Session on 17 October 2007, under the provisions of AFI 36-2603:

				

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Jun 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  USDOJ, FBI Report, dated 24 Jul 07.
    Exhibit D.  Letter, AFBCMR, dated 17 Aug 07, w/atchs.
    Exhibit E.  Letter, Applicant, undated, w/atchs.
    Exhibit F.  AFI 36-3208 Extracts, dated 9 Jul 04.