RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-01979 INDEX CODE:	110.02
COUNSEL:	NONE HEARING DESIRED:	NO

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

APPLICANT CONTENDS THAT:
He does not believe his records were in error at the time of his discharge. His discharge was warranted because of his youth and ignorance and he has lived too long with the knowledge of his stupidity.

He has been a Federal employee since Apr 81 and rose to the position of supervisor in 2001. He has a clean civilian record and was never arrested.

In support of his request, the applicant provided a copy of his 2006 DA Form 7222, Senior Systems Civilian Evaluation Report, with supervisory core standards, and a list of his annual appraisals for the past 13 years.

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

STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 19 Nov 71. He served for a period of 2 years, 1 month, and 22 days.

On 4 Nov 71, the applicant signed an AF Form 2030, USAF Drug Abuse Certificate, certifying that he had not used narcotics, marijuana, LSD or dangerous drugs or otherwise engaged in drug abuse activities.

Records indicate that the applicant was convicted in Magistrate’s Court in England on 24 Oct 73, for possessing a quantity of cannabis resin. He was also convicted on a second charge that between 4 Mar and 4 Sep 73, he did aid, abet, counsel or procure some person unknown to sell Librium. He was fined $187 for possession of cannabis and $62 for possession of Librium.

On 13 Nov 73, the applicant signed a statement indicating he understood his rights under Article 31, UCMJ, and that he had used drugs for a considerable length of time and intended to continue using them and that any program of probation or rehabilitation on his behalf would serve no useful purpose.

The applicant was notified of pending discharge action on 14 Nov
73. He acknowledged receipt of the notification, consulted counsel, waived his right to a hearing before an administrative discharge board, and submitted statements in his own behalf. In his statements, he stated he smoked marijuana and hashish for five years and would continue to do so as long as he saw no harm in it. He further stated he did not use hard drugs or pills of any sort. Additionally, he stated he had no intention of entering a rehabilitation program and wanted to be dismissed from the Air Force with the best possible conditions that a 39-12 discharge could offer.

On 19 Dec 73, the staff judge advocate found the case legally sufficient and on 20 Dec 73, the discharge authority directed that the applicant be discharged with a general (under honorable conditions) discharge. He was discharged on 10 Jan 74.

Pursuant to the Board’s request, the Federal Bureau of Investigations (FBI) provided an investigative report, which is at Exhibit C.

A copy of the FBI report was forwarded to the applicant on 7 Jul
08 for review and comment (Exhibit D). As of this date, this office has not received a response.

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 which would lead us to believe the characterization of service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.   We considered
1.	
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- 2008-01979 in Executive Session on 9 September 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered:
Exhibit A.	DD Form 149, w/atchs, dated 19 May 08. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	FBI Report.
Exhibit D.	Letter, AFBCMR, w/atchs, dated 7 Jul 08.