RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-02580
		
		COUNSEL: NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 23 FEB 09
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APPLICANT REQUESTS THAT:

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

The accusation was based on an unjust urinalysis which followed him receiving a Good Conduct Medal (GCM).

He would like the Board to consider his request for an upgrade based on his achievements in civilian life.

In support of his appeal, the applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, and documents pertaining to his post-service accomplishments.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 11 Dec 80, as an airman basic for a period of four years.

On 11 Sep 84, the applicant’s commander notified him that he was recommending him for discharge from the Air Force (AF) for misconduct.  The specific reasons for the discharge action were:

	a.	On 18 Mar 82, the applicant received a Letter of Reprimand (LOR) for being drunk in public, evidenced by a civilian court conviction on 14 Mar 82.

	b.	On 6 Jun 84, the applicant received an LOR for being drunk in public, as evidenced by a civilian court conviction on 3 Jun 84.

	c.	On 6 Sep 84, the applicant received an LOR for wrongfully and knowingly using marijuana, as evidenced by a positive urinalysis on 4 Jun 84.

The commander advised the applicant of his rights in this matter. 

On 13 Sep 84, the applicant acknowledged receipt of the notification and after consulting with legal counsel, waived his right to submit a statement in his own behalf.

On 21 Sep 84, the staff judge advocate reviewed the applicant’s case and found it legally sufficient to support separation and recommended he be separated with a general discharge.

On 1 Oct 84, the discharge authority directed the applicant be discharged with a general discharge.

The applicant was discharged on 2 Oct 1984.  He served 3 years, 9 months and 22 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of Investigation provided an investigative report which is attached at Exhibit C.  On 14 Sep 07, the Board staff forwarded the applicant a copy of his FBI report for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).

On 12 Sep 07, the Board staff requested the applicant provide additional documentation concerning his activities since leaving military service.  The applicant did not respond (Exhibit D).

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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 an error or an 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.  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-2007-02580 in Executive Session on 30 Oct 07 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 8 Aug 07, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	FBI Investigative Report.
	Exhibit D.	Letter, AFBCMR, dated 12 Sep 07.
	Exhibit E.	Letter, AFBCMR, dated 14 Sep 07.