RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00665 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was brought up on drug abuse charges. He was not allowed to seek legal counsel and his right to a legal trial was violated. He was told to collaborate or he would go to prison for obstructing a top secret Federal investigation. The Air Force Office of Special Investigations (AFOSI) told him he would be eligible for rehabilitation and to have his records exonerated. The applicant's complete submission is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 24 Apr 78, for a period of four years. His highest grade held was airman first class. On 23 Dec 80, applicant’s commander notified him that he was recommending he be discharged from the Air Force for misconduct- drug abuse. On 30 Sep 80, another Air Force member and that member’s wife provided sworn statements to agents of the AFOSI that he had been involved in illegal use of “mushrooms” or psilocybin, a hallucinogenic mushroom in Jun 80. On 8 Oct 80, he was interviewed by agents of the AFOSI and provided a signed sworn statement wherein he admitted that in Jun 80 he bought and used one gram of psilocybin. He also admitted to the use of marijuana on approximately 15 occasions, all prior to Jun 80. On 9 Oct 80, another Air Force member provided a signed, sworn statement to agents of the AFOSI, stating in Jun 80 he had a party in his off-base residence and observed the applicant buying one gram of “mushrooms” psilocybin from another individual and then watched him eat part of it. On 14 Oct 80, he was referred to the Base Social Actions Office where he was classified as a drug abuser, and entered into rehabilitation on 23 Oct 80. He was offered an opportunity to attend the SAC Drug Rehabilitation Center (SDRC), he accepted and was given a class start date of 26 Nov 80. The day he was scheduled to leave he contacted his First Sergeant and declined the offer to attend the SDRC. He was then found to be a drug abuser who had refused rehabilitation. Applicant acknowledged receipt of the notification of discharge and his right to submit statements in his own behalf. On 6 Jan 81, an evaluation officer found that, (1) The applicant had an involvement with a hallucinogenic drug (mushrooms); (2) The applicant had a number of involvements with marijuana; and (3) The applicant first accepted then refused rehabilitation. The evaluation officer recommended a general discharge without rehabilitation. The case file was found legally sufficient to support discharge without probation and rehabilitation and the discharge authority approved the separation. Applicant was discharged on 14 Jan 81, in the grade of airman first class, under the provisions of AFM 39-12, for Misconduct – Drug Abuse, and was issued a general discharge. He served on active duty for a period of 2 years, 8 months, and 20 days. On 7 Dec 83, applicant applied to the Air Force Discharge Review Board (AFDRB) requesting his discharge be upgraded to honorable. The Board concluded the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative due process. The Board further concluded that no legal or equitable basis existed for an upgrade of his discharge. A copy of the AFDRB findings is attached at Exhibit B. Pursuant to the Board’s request on 10 Mar 08, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided a copy of an Investigative Report, which is at Exhibit C. On 28 Mar 08, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. At the same time the AFBCMR staff offered the applicant an opportunity to provide information pertaining to his activities since leaving the service (Exhibit D). Applicant contends the FBI report does not pertain to him. He has never been charged or convicted of any crimes, other than the false charges forced on him when he was in the Air Force. He does not have any alias names. His zip code is not is XXXXX, Indiana, his birth place. His complete response is at Exhibit E. ________________________________________________________________ _ 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, 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. We considered upgrading the discharge based on clemency; however, 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. ________________________________________________________________ _ 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. ________________________________________________________________ _ The following members of the Board considered Docket Number BC-2008-00665 in Executive Session on 10 Jun 08, under the provisions of AFI 36-2603: XXXXXXXXXXX, Panel Chair XXXXXXXXXXX, Member XXXXXXXXXXX, Member The following documentary evidence pertaining to Docket Number BC-2008-00665 was considered: Exhibit A. DD Form 149, dated 14 Feb 08. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report of Investigation. Exhibit D. Letter, AFBCMR, dated 31 Mar 08. Exhibit E. Letter, Applicant, undated, w/atchs. 3