RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2008-03129
								INDEX CODE:  106.00
								COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was young and made a mistake.  His discharge was too harsh because it was a first-time offense based solely on drug abuse.  His career was going well as he was going to flight engineer school and got promoted.  He then got married and his personal problems started, resulting in a divorce.  He then used poor judgment resulting in his dismissal from the Air Force.  Prior to the offense, he tried to seek advice from his superiors but felt helpless as the system at that time, to include the Clergy, did not help him.  Eventually, this impaired his ability to serve efficiently and he truly regrets not being able to continue serving his country.  He is ashamed and no longer wants this hanging over his head, and is afraid this discharge will hamper his progression in his aviation career.

In support of his appeal, he provides copies of his DD Form 214s, numerous letters of appreciation and commendation, and numerous Certificates of Training.

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

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STATEMENT OF FACTS:

The applicant enlisted the Regular Air Force on 15 August 1979, and served as an aircraft maintenance specialist until his discharge.  On 4 March 1986, he was notified of his commander’s intention to recommend him for a general discharge for drug abuse due to his testing positive for marijuana during an inspection test conducted in his duty section, for which he received an Article 15.  Punishment consisted of a reduction in grade to airman first class, forfeiture of $250.00, and 30 days extra duty.

The commander informed the applicant of his rights, to include presenting his case before an administrative discharge board, and, after consulting with counsel, he waived his right to present his case before an administrative discharge board, contingent on his receipt of no less than a general discharge.  On 13 March 1986, the Staff Judge Advocate recommended the commander forward the case to the discharge authority with a recommendation the conditional waiver be accepted, and the applicant be discharged with a general discharge without a program of probation and rehabilitation.

On 4 April 1986, the applicant was discharged in the grade of airman first class (E-3) for misconduct – drug abuse, with a general service characterization.  He completed a total of 7 years and 1 day of active service. 

The Applicant’s Airman Performance Report (APR) profile follows:

		PERIOD ENDING				EVALUATION

		  19 Dec 1979					9 
		  25 Jul 1980					7 
		  15 Feb 1981					9
		  15 Feb 1982					9
		  25 Sep 1982					8
		  19 Jul 1983					9
		  29 Dec 1983					8
		  19 Jul 1984					9 (firewall)
		  21 Dec 1984					9 (firewall)
		  22 Sep 1985					9 (firewall)

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 24 September 2008, a copy of the FBI report and a request for post-service information was forwarded to the applicant for review and comment within 30 days.  In response to our request, the applicant provided post-service information, which is 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 that would lead us to believe the characterization of the 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 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.

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The following members of the Board considered Docket Number BC-2008-03129 in Executive Session on 29 October 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 5 Aug 08, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  USDOJ FBI Report.
    Exhibit D.  Letter, AFBCMR, dated 24 Sep 08, w/atch.
    Exhibit E.  Letter, Applicant, undated, w/atchs.

                                   XXXXXXXXXX
                                   Panel Chair