RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2008-02977
		INDEX CODE: 110.00
 						COUNSEL:  NONE
			  		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

The character of his discharge is inequitable and inconsistent with the policies and traditions of the Air Force.  His disciplinary problems arose from continuous alcohol/marijuana abuse and other mind altering drugs.  He became addicted to alcohol and drugs after entering the Air Force.  The Air Force should have treated him for his addiction.  He was an addict when he was discharged and his pattern of improper conduct continued.  Had he been treated for substance abuse, his life style could have been corrected.  

In support of his request, applicant submitted a personal statement and a letter from his case manager.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 31 January 1973. On 17 January 1974, he was notified by his commander that he was recommending his discharge from the Air Force under the provisions of AFM 39-12, Separation for Unsuitable; Unfitness or Misconduct; Resignation or Request for Discharge for the Good of the Service; and Procedures for the Rehabilitation Program, paragraph 2-4c for Apathy, Defective Attitudes, and Inability to Expend Effort Constructively.  The specific reasons for this action were that he received two Article 15’s, Nonjudicial Punishment, for violation of Article 86, Absence without Leave;  he received another Article 15 for violation of Article 92, Failure to Obey Order or Regulation; he received a Letter of Reprimand for speeding on base; and 13 counseling statements for various infractions.  

On 17 January 1974, he acknowledged receipt and was advised of his right to submit statements in his own behalf.  In a legal review of his case, the base legal office concurred with the commander and recommended a general discharge.  

On 28 January 1974, the discharge authority directed his discharge.  On 4 February 1974, he was discharged in the grade of airman basic with a general discharge. He served a total of 11 months and 28 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C.  On 6 November 2008, a copy of the Investigative Report was forwarded to the applicant for review and comment within 30 days.  As of this date no response has been received by this office.

On 17 September 2008, 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 personal statements for the Board to consider, which are attached at Exhibit E. 

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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 his 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.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an 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.

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The following members of the Board considered Docket Number BC-2008-02977 in Executive Session on 6 January 2009, under the provisions of AFI 36-2603:

				Chair
				Member
				Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 7 August 2008, w/atchs. 
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  FBI Investigative Reports.
	Exhibit D.  Letter, AFBCMR, 17 September 2008, w/atch.
	Exhibit E.  Letter, Applicant, not dated, w/atch.

                                   
                                   Chair