RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01180
INDEX CODE:	110.02
XXXXXXX	COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to honorable and he be reinstated to the rank of sergeant.

APPLICANT CONTENDS THAT:
Military personnel with last names starting with the letters "B" through "W" had confirmed positive urine tests. During the period in question, the Advil medication he was taking was known to cause false positives during drug testing.

In support of his application, the applicant submits an article from the Electronic Supervisor - New Technology, New Tensions on drug testing.

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

STATEMENT OF FACTS:
Applicant enlisted in the Air Force on 15 December 1980 and was progressively promoted to the grade of sergeant.

On 4 December 1984, his commander notified him that he was recommending he be discharged from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airman for drug  abuse.  The  specific  reason  for  this  action  was  on
16 November 1984, he received an Article 15 for wrongful use of marijuana. He was advised of his rights, he acknowledged receipt of the notification, consulted counsel, and elected to submit statements on his own behalf. On 17 December 1984, a legal review found his case legally sufficient and recommended a general discharge. On 28 December 1984, he was discharged from the Air Force for misconduct (drug abuse) in the grade of airman first class.  He served 4 years, and 14 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 18 April 2008, that,

on the basis of data furnished, they were unable to locate an arrest record (Exhibit C).

On 22 May 2008, a request for post-service information was forwarded to the applicant for response within 30 days. He has not responded.

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 applicant's complete submission was thoroughly reviewed and his contentions were duly noted. However, we do not find the applicant’s assertions and the documentation presented in support of his appeal sufficiently persuasive to override his administrative discharge for drug abuse. 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 that would lead us to believe the characterization of service he received 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 a 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- 2008-01180 in Executive Session on 17 July 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-01180:

Exhibit A. DD Form 149, dated 24 Mar 08, w/atchs. Exhibit B. Available Military Personnel Records.
Exhibit C. FBI Report of Investigation, dated 18 Apr 08. Exhibit D. Letter, AFBCMR, dated 22 May 08.

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