RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-02571
		INDEX CODE:  110.02
	 	COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Feb 23, 2009

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APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge be upgraded to general to entitle him to Veterans Administration (VA) benefits.
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APPLICANT CONTENDS THAT:

He had a one-time error in judgment.  He was inexperienced, young, and made a poor decision and got caught with drugs.

His father died prior to him entering the Air Force and while he was in the Air Force his mother had an aneurism, requiring brain surgery.  She was left totally paralyzed as a result of the surgery.  All of this, combined with feeling isolated, stressed him out and he felt he had no control.

Matters worsened due to his mother’s home going into foreclosure.  He had to send money to save her home.  Later on, his sister ended up losing her home.

In spite of everything he had done, he truly felt helpless.

He was in a remote place and had numerous stressors and made a one-time mistake to use drugs.

He has lived to regret his actions from that day on.

Since being discharged, he has become a law abiding, productive citizen, business owner, and tax paying citizen, only to regret his one-time mistake in the military.

In support of his request, the applicant provided a copy of his DD Form 214, Report of Separation from Active Duty, a character statement, and various website photos.

The applicant's complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant entered the active duty Air Force on 27 Jul 73 and served for a period of 3 years, 5 months, and 14 days.

On 21 May 75, the applicant was notified of pending discharge actions for general misconduct under the provisions of AFM 39-12. 

On 25 May 76, the applicant requested a hearing before an administrative discharge board.  The board convened on 19 Jul 76 and during the hearing, the applicant admitted to selling hashish and “speed” (amphetamines) to servicemen and sending profits to the U.S., and using hashish since March 1975.  The discharge review board found that the applicant had abused drugs, engaged in misconduct, and recommended the applicant not be considered a suitable candidate for probation and rehabilitation and that he be discharged with an under other than honorable conditions discharge. 

On 16 Aug 76, and after a thorough review, the staff judge advocate found the applicant’s case legally sufficient. 

On 19 Aug 76, the discharge authority approved the board findings and directed the applicant be discharged with an undesirable discharge without the benefit of probation and rehabilitation, under the provisions of AFM 39-12, Chapter 2, Section B, paragraph 2-15c.

The applicant was discharged with an under other than honorable conditions discharge on 10 Jan 77.
 
At the time of the applicant’s discharge, the service characterization received was appropriate under the provisions of the governing regulation in effect at the time.  Attached at Exhibit D, 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.

Pursuant to the Board’s request, the Federal Bureau of Investigations was unable to identify any records pertaining to the applicant.

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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.  After careful consideration of the available evidence, we find no impropriety in the characterization of applicant’s discharge.  It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that the applicant was not afforded all the rights to which entitled at the time of discharge.  We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.  Although the applicant states he has been a valued member of his community and society, and has provided some evidence pertaining to his post service activities, we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade to general on the basis of clemency.  In view of the above we find no basis to warrant favorable action on 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-2007-02571, in Executive Session on 16 Oct 07, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/ atchs, dated 7 Aug 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report, dated 29 Aug 07.