RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-03059
		INDEX CODE: 110.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect an honorable discharge.

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APPLICANT CONTENDS THAT:

He was under the assumption that he had received an honorable discharge until he applied for a job using veterans’ preference.  The state of Kansas denied him veterans’ preference because his DD Form 214 reflects a general (under honorable conditions) discharge.

His complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered the Air Force on 4 June 1971.  On 21 February 1980, he was discharged in the grade of staff sergeant after serving 8 years, 8 months and 18 days on active duty. 

On 17 January 1980, he was notified by his commander that he was recommending his discharge from the Air Force.  The specific reasons for this action were that he was identified as a drug abuser based on a urinalysis test; on 17 October 1979, he received an Article 15, Nonjudical Punishment for possession of marijuana and a Letter of Reprimand (LOR) for his room being in a state of disarray; and finally, he failed to participate, cooperate or complete a drug abuse treatment and rehabilitation program.

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 5 November 2008, a copy of the Investigative Report was forwarded to the applicant for review and comment within 30 days.  The applicant responded to the Investigation Report.  The complete response is attached at Exhibit D.

On 22 September 2008, a request for post-service information was forwarded to the applicant for response within 30 days.  In response to our request, applicant provided post-service information along with documents extracted from his military personnel records and stated he developed a drinking problem while assigned in Germany.  The drinking caused him to use drugs on a recreational basis with other airmen.  He received an LOR for possession of drug paraphernalia and was placed in a drug rehabilitation program.  After a urinalysis test, traces of cocaine were found and consequently he was discharged.  He does not question the validity of the drug test; however, he believes drinking was the problem, rather than drugs.  His duty performance and patriotism were never questioned.  His military lawyer recommended he take the discharge.  He did not know the discharge would be less than honorable.  On 21 February 1980, he was discharged.  On 19 May 1980, he was hired by American Telephone and Telegraph (AT&T) Company.  On 2 May 2008, he retired from AT&T.  During his 28 years with AT&T, he was an active member in good standing with Communications Workers of America.  He married and raised a daughter who graduated in May of 2007 with a Bachelor’s degree in Accounting and is pursuing a budget analysis career with the U.S. Geological Survey.  His veterans’ preference for employment was denied due to not having an honorable discharge.  His life after discharge should qualify him for an upgrade of his discharge based on clemency.

His complete response, with attachments, is 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 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 AFBCMR Docket Number BC-2007-03059 in Executive Session on 11 December 2008, under the provisions of AFI 36-2603:

			XXXXXXXXXX, Panel Chair
			XXXXXXXXXX, Member
XXXXXXXXXX, Member

The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 31 July 2008. 
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  FBI Investigative Report.
  Exhibit D.  Letter, Applicant, not dated, w/atchs.
  Exhibit E.  Letter, AFBCMR, dated 22 September 2008, w/atch.
  Exhibit F.  Letter, Applicant, not dated, w/atchs.

                                   XXXXXXXXXX
                                   Panel Chair