RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-01737 INDEX CODE:	100.06, 110.02

COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His narrative reason for separation (Misconduct – Drug Abuse) be changed.

APPLICANT CONTENDS THAT:
His marijuana use was an isolated incident. He used marijuana one time during a difficult period in his life.

The words “drug abuse” on his DD Form 214, Certificate of Release or Discharge from Active Duty, has prevented him from being hired for several jobs. Although he received an honorable discharge the words “drug abuse” sends a red flag, and in the eyes of others it appears he is a drug addict.

In support of his request, applicant provided a personal statement.

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

STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 24 Jun 74, and was progressively promoted to the grade of staff sergeant.

On 9 Sep 86, applicant was notified by his squadron commander that he was recommending his discharge from the Air Force for misconduct-drug abuse. The reason for this action was applicant’s wrongful use of marijuana as evidenced by a positive commander-directed urinalysis. His commander recommended an honorable discharge. The applicant acknowledged receipt of the discharge notification, and after consulting with counsel, offered a conditional waiver of his rights associated with an administrative discharge board hearing contingent upon his receipt of no less than an honorable discharge, and elected not to submit statements in his own behalf. The staff judge advocate found the case legally sufficient to support discharge and on
22 Sep 86, the discharge authority approved the discharge.

The applicant was discharged under the provisions of AFR 39-10, for Misconduct-Drug Abuse, and received an honorable discharge. He served on active duty for a period of 12 years, 3 months, and
1 day.

AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial. DPSOS states the documentation on file in the master personnel records supports the basis for discharge. The discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. The applicant did not submit any evidence or identify any errors or injustice that occurred in the discharge processing. Additionally, he provided no facts warranting an upgrade to his narrative reason for discharge.

The complete DPSOS evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 1 Aug 08, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received.

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 agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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-2008-01737 in Executive Session on 17 September 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence pertaining to Docket Number BC-2008-01737 was considered:

Exhibit A.	DD Form 149, dated 2 May 08, w/atch. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, AFPC/DPSOS, dated 17 Jul 08. Exhibit D.	Letter, SAF/MRBR, dated 1 Aug 08.