RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2009-02042 INDEX CODE: 110.00
XXXXXXX	COUNSEL:	NONE
HEARING DESIRED:	NO

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

2.	His reenlistment eligibility (RE) code be changed from "2B" which denotes “Misconduct-Drug Abuse” to "1B" which appears to be an Army RE code denoting “Individuals” who have not been tested to verify primary MOS during current term of service. Fully qualified for enlistment.”

APPLICANT CONTENDS THAT:
He served in the Air Force for five years at a young age with honor and dignity receiving outstanding performance reports. He has since matured and accepted responsibility for his actions and deserves a second chance.

In support of his request, applicant submits copies of his DD Form 214, Certificate of Release or Discharge from Active Duty and his performance reports.

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

STATEMENT OF FACTS:
On 17 April 1979, the applicant enlisted in the Regular Air Force.

On 13 February 1985, he was notified by his commander that he was recommending he be discharged from the Air Force under the provisions of Air Force Regulation (AFR) 39-10, Administrative Separation of Airmen, paragraph 5.6, for Misconduct  (Drug Abuse). The specific reason for this action was on 1 February 1985, he received an Article 15, Nonjudicial Punishment for wrongful use of marijuana.

He acknowledged receipt of the notification and his right to consult counsel.  He waived his right to submit a statement in

response to the discharge notification. In a legal review of the case, the base legal office found it legally sufficient and recommended a general discharge.

On 11 March 1985, he was discharged in the grade of senior airman with service characterized as general (under honorable conditions) for Misconduct (Drug Abuse) after serving 5 years,
10	months and 23 days on active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 30 June 2009, that, on the basis of data furnished, they are unable to locate an arrest record (Exhibit C).

On 22 July 2009, a request for information pertaining to his post-service activities was forwarded to the applicant for response within 30 days. In response to the request, applicant provided a personal statement, his employment history, certificates of completion for training, achievement, birth and attendance; his academic progress report, his commercial driver’s license and references/character reference letters for the Board to consider, which are attached 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.	The Board finds no impropriety in the characterization of applicant's discharge. It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that the applicant was not afforded all the rights to which entitled at the time of discharge. The applicant has not shown the characterization of the discharge was contrary to the provisions of the governing regulation, nor has it been shown the nature of the discharge was unduly harsh or disproportionate to the offenses committed. Considered alone, we conclude the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.

4.	Consideration of this Board, however, is not limited to the events which precipitated the discharge. We have a Congressional mandate which permits consideration of other factors; e.g., applicant's background, the overall quality of service, and post-service activities and accomplishments. Further, we may base our decision on matters of equity and
1.	
clemency rather than simply on whether rules and regulations which existed at the time were followed. This is a much broader consideration than officials involved in the discharge were permitted, and our decision in no way discredits the validity of theirs.

5.	Taking into consideration the available post-service information, it appears likely that the applicant has overcome the behavioral trait which led to the discharge action and has led a stable and productive life since the separation. We recognize the adverse impact of the discharge the applicant received; and, while it may have been appropriate at the time, we believe it would be an injustice for the applicant to continue to suffer its effects. Accordingly, we find that corrective action is appropriate on the basis of clemency and recommend the records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on
11	March 1985, he was honorably discharged under the provisions of AFR 39-10 (Directed by Secretary of the Air Force), furnished an Honorable Discharge Certificate with a Separation Program Designator (SPD) Code of JFF and a reenlistment eligibility (RE) code of 3K.

The following members of the Board considered BC-2009-02042 in Executive Session on 25 August 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
All members voted to correct the records, as recommended.	The following documentary evidence was considered:

Exhibit A. DD Form 149, dated 8 June 2009, w/atchs. Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Negative Reply, dated 30 June 2009. Exhibit D. Letter, AFBCMR, dated 22 July 2009, w/atch.
Exhibit E. Letter, Applicant, dated 3 August 2009 w/atchs.

DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC

Office of the Assistant Secretary