RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-03192
		INDEX CODE:  110.02
		COUNSEL:  None
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded to an honorable discharge and the narrative reason for separation changed.

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APPLICANT CONTENDS THAT:

He does not think the type of discharge is in error or unjust.  He is simply asking for an upgrade and change to the narrative reason.

In support of his request, he provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty.

His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 9 Sep 81, as an basic airman for a period of four years.  

On 26 Nov 84, his commander notified him that he was recommending him for discharge from the Air Force under the provisions of Air Force Regulation (AFR) 39-10 for drug abuse.  The specific reason for the discharge action was that on 8 Nov 84, the applicant received an Article 15 for wrongful use of marijuana.

In the notification for discharge, the commander cited the following additional derogatory information:

a.	He received dishonored check notifications on 21 Oct 82, 30 Sep 83, 30 May 84 and 1 Jun 84.

b.	He was counseled for financial irresponsibility on 1 Nov 82 and 17 Aug 83.

c.	On 5 Nov 84, he tested positive for marijuana.

d.	On 4 Sep 84, he was placed on the control roster for substandard duty performance.

e.	On 22 Nov 84, he received a Letter of Admonishment for financial irresponsibility.

The commander advised him of his right in this matter, he acknowledged receipt of the notification of discharge and after consulting with legal counsel waived his right to submit statements in his own behalf.

On 5 Dec 84, a legal review was conducted in which the staff judge advocate recommended discharge with a general discharge without probation and rehabilitation.

On 13 Dec 84, the discharge authority directed discharge without probation and rehabilitation.  He was discharged on 14 Dec 84.  He served three years, three months and six days on active duty.

Pursuant to the Board’s request, the Federal Bureau of investigation, Washington, D.C., indicated on the basis of the data furnished they were unable to locate an arrest record (Exhibit C).

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AIR FORCE EVALUATION:

AFPC/DPSOS recommends the requested relief be denied.  DPSOS states the applicant has not submitted any evidence or identified any errors or injustices that occurred in the processing of his discharge.  Based upon the documentation in the applicant's file, DPSOS believes his discharge was consistent with the procedural and substantive requirements of the discharge regulation and the discharge was within the sound discretion of the discharge authority.  Furthermore, the applicant has not provided any facts to warrant a change to his discharge or narrative reason for separation.

AFPC/DPSOS's complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 Jan 08, for review and response within 30 days.  As of this date, no response has been received by this office.

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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, in our opinion, the applicant has failed to sustain his burden of proof that he has suffered either an error or injustice.  Based on the evidence of record, it appears that the characterization of his service and the processing of the discharge were appropriate and accomplished in accordance with the applicable Air Force 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-2007-03192, in Executive Session on 31 Mar 08, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-03192 was considered:

     Exhibit A.  DD Form 149, dated 21 Sep 07, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Negative Reply, dated 25 Jan 08.
     Exhibit D.  Letter, AFPC/DPSOS, dated 14 Dec 07.
     Exhibit E.  Letter, SAF/MRBR, dated 11 Jan 08.