RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-03300
								INDEX CODE:  110.00
								COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His characterization of service be upgraded from general (under honorable conditions) to honorable.

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APPLICANT CONTENDS THAT:

The illegal contraband found in his area did not belong to him and his immaturity led him to take responsibility.  Since his discharge from the Air Force, he has led a productive life and has been a positive influence to society.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 7 Apr 80, for a period of four years, and served as an electrician. 

On 28 Sep 77, applicant was notified of his commander's intent to recommend him for a general (under honorable conditions) discharge for unfitness.

The commander stated the following reasons for the proposed discharge:

a.	Article 15, dated 6 Apr 77, for possession of marijuana

b.	Article 15, dated 3 Aug 77, for wrongful possession of marijuana

He was advised of his rights in this matter.  He consulted counsel; he waived his right to a hearing before an administrative discharge board and elected not to submit statements in his own behalf.

A legal review was conducted on 21 Oct 77, in which the staff judge advocate recommended that he be separated with a general (under honorable conditions) discharge characterization without probation and rehabilitation.

On 18 Nov 77, applicant was discharged in the grade of airman basic (E-1) for Drug Abuse, IAW AFM 39-12, Enlisted Personnel, Separation for Unsuitability; Misconduct, Personal Abuse of Drugs; Resignation or Request for Discharge for the Good of the Service; and Procedures for the Rehabilitation Program, Section B, paragraph 2-15c.  He was given a general (under honorable conditions) discharge characterization, and an RE Code of 2B, “Separated with a General or UOTHC Discharge”, which bars immediate reenlistment.  He served a total of 1 year, 3 months, and 22 days active duty service. 

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 29 Nov 07, that on the basis of the data furnished they were unable to locate an arrest record.  (Exhibit C)

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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.  The discharge appears to be in compliance with the governing regulation, and we find no evidence to indicate the applicant’s separation from the Air Force was inappropriate.  We find no evidence of error in this case and after thoroughly reviewing the evidence of record, we do not believe he has suffered from an injustice.  The only other basis upon which to upgrade his discharge would be clemency.  However, applicant has failed to provide documentation pertaining to his post-service activities.  Should he provide documentary evidence pertaining to his post-service activities, we would be willing to reconsider his application.  Therefore, based on the evidence of record, we find no basis upon which to favorably consider 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-2006-03300 in Executive Session on 30 Jan 08, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Sep 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Response, dated 29 Nov 07
    Exhibit D.  AFR 39-12, Pg 25, dated 1 Apr 80.
    Exhibit E.  AFI 36-3208, Pgs 20-23, dated 10 Mar 00.