Case #4	

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-01286 INDEX CODE:	110.02
XXXXXXXXXXXXXXXXXXXXXX	COUNSEL:	NONE
HEARING DESIRED:	UNKNOWN

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

APPLICANT CONTENDS THAT:
He suffered from chronic depression which he improperly treated by self-medicating with alcohol and illegal drugs. He was also improperly treated by the military because he was sent to a drug rehabilitation program for treatment where he found that many of the mental health workers were known to him as drug users themselves. Under these circumstances, there is no way that care could be considered adequate. His 1992 county mental health treatment records no longer exist.

The applicant does not provide any evidence in support of his appeal.

The applicant's complete submission is at Exhibit A.

STATEMENT OF FACTS:
On 22 November 1968, the applicant enlisted in the Regular Air Force at the age of 19 in the grade of airman basic for a period of four years. He was progressively promoted to the grade of sergeant (E-4) effective and with a date of rank of 1 June 1971. He received non-judicial punishment twice; once for failure to repair and once for possessing alcoholic beverages in his dormitory room and being drunk. On 3 October 1972,  he volunteered to participate in the drug rehabilitation program; however, he was uncooperative in group therapy and expressed a desire to be discharged from the service. On 13 March 1972, he was apprehended for possession of marijuana and marijuana paraphernalia.

On 24 April 1972, his commander notified the applicant that he was recommending him for a general discharge for drug abuse under the provisions of Air Force Manual 39-12, chapter 2, section B, paragraph 2-15c.  On 25 April 1972, the applicant acknowledged

receipt and waived his rights to present his case before an administrative discharge board and to submit statements in his own behalf. On 26 April 1972, the Staff Judge Advocate found the case to be legally sufficient. On 1 May 1972, the discharge authority approved the recommendation and directed the applicant be discharged with a general (under honorable conditions) characterization. The applicant was discharged effective 6 May 1972.  He served 3 years, 5 months, and 15 days on active duty.

On 21 September 1977, the Discharge Review Board (DRB) considered and denied the applicant’s request to upgrade his discharge to honorable.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, provided a copy of an Investigation Report pertaining to the applicant. On 7 May 2008, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days (Exhibit C).  Additionally, on
7 May 2008, the applicant was given the opportunity to submit comments about his post service activities (Exhibit D). The applicant responded with a personal statement, letters of character reference, certificate of continuing education, and security certification cards (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, 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 that 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 at this time. 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 this application in Executive Session on 19 June 2008, under the provisions of AFI 36-2603:

Chair 
Member
Member
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-01286:

Exhibit A.	DD Form 149, dated 31 Mar 08, w/atch. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	FBI Notification, dated 7 May 08, w/atch. Exhibit D.	Letter, AFBCMR, dated 7 May 08, w/atch.
Exhibit E.	Applicant’s Reply, dated 23 May 08, w/atchs.

Chair

AFBCMR

P.O. Box ------------------
Dear ------------------

Reference your application submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC), AFBCMR Docket Number BC-2008-01286

After careful consideration of your application and your Father’s available military records, the Board determined that the evidence you presented did not demonstrate the existence of material error or injustice.  Accordingly, the Board denied your application.

You have the right to submit newly discovered relevant evidence for consideration by the Board.  In the absence of such additional evidence, a further review of your application is not possible.
BY DIRECTION OF THE PANEL CHAIR

Attachment:
Record of Board Proceedings

Chief Examiner
Air Force Board for Correction of Military Records

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

CASE TRANSMITTAL / COORDINATION RECORD

IN THE MATTER OF	DOCKET NO:
------------------
	BC-2008-01286

TMCD:  11 February 2009

ROUTE IN TURN	INITIALS	DATE
1.	CHIEF EXAMINER (Coord/Signature)

2.	ACTING EXECUTIVE DIRECTOR (Coordination)

3.	EXAMINER (FOR DISPATCH)
 	
4.	------------------CHAIR
(Signature on Proceedings)
5.	AFBCMR (Processing)

------------------Examiner
Air Force Board for Correction of Military Records