RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-03105
		INDEX CODE:  110.00
		COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He has made plenty of mistakes in his life and he is trying to correct his past.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 25 July 1979 in the grade of airman basic.  On 27 September 1983, the applicant was notified by his commander of his intent to recommend his discharge from the Air Force under the provisions of AFR 39-10, paragraph 5-56.  

The specific reason for this action was the applicant's failure to successfully complete the prisoner retraining rehabilitation program.  On 26 May 1983, the applicant was convicted by a Special Court-Martial for wrongfully distributing some quantity of marijuana, wrongfully using marijuana, and wrongfully possessing some quantity of marijuana.  The sentence was adjudged on 27 April 1983.  The applicant was sentenced to confinement at hard labor for six months, a reduction in grade from senior airman to airman basic, and a forfeiture of $382.00 per month for six months.  

He was advised of his rights in this matter and acknowledged receipt of the notification on that same date.  After consulting with counsel, the applicant waived his right to submit statements in his own behalf.  In a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended discharge.  On 5 October 1983, the discharge authority concurred with the recommendations and directed a general discharge without probation and rehabilitation.  The applicant was discharged on 6 October 1983.  He served 3 years, 9 months and 16 days on active duty.

Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided an arrest record which is at Exhibit C.

On 6 October 2008, a copy of the FBI Report of Investigation and a request for information pertaining to his post-service activities was forwarded to the applicant for review and response within 30 days (Exhibit D).  The applicant provided additional information which 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 that would lead us to believe the characterization of his service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to his misconduct.  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.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or an injustice; the application was denied without a personal appearance; and 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-2008-03105 in Executive Session on 6 January 2009, under the provisions of AFI 36-2603:

			XXXXXXXXXX, Chair
			XXXXXXXXXX, Member
			XXXXXXXXXX, Member

The following documentary evidence was considered:

  Exhibit A. DD Form 149, dated 20 August 2008.
  Exhibit B. Applicant's Master Personnel Records.
  Exhibit C. Federal Bureau of Investigative Report.
  Exhibit D. Letter, SAF/MRBC, dated 6 October 2008.
  Exhibit E. Letter, Applicant, dated 27 October 2008 w/atchs.

				XXXXXXXXXX
				Chair