RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-03227 INDEX CODE:	110.02
XXXXXXX	COUNSEL:	NONE
HEARING DESIRED:	NOT INDICATED

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

APPLICANT CONTENDS THAT:
He was told that his discharge could be upgraded after six months.

In support of his application, applicant provides a copy of DD Form 214, Report of Separation from Active Duty and a copy of DD Form 293, Application for the Review of Discharge From the Armed Forces of the United States.

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

STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 25 August 1978 and was progressively promoted to the grade of airman.

On 18 April 1979, he was notified by his commander that he was recommending he be discharged from the Air Force under the provisions of AFM 39-12, chapter 2, section A, para 2-4c, for apathy, defective attitude, or inability to expend effort constructively. The specific reason for this action was that he, as an admitted marijuana user, provided a written statement refusing any rehabilitation, either local or military prior to being offered rehabilitation. He acknowledged receipt of the notification and that legal counsel has been made available to assist him. On 27 April 1979, the discharge authority recommended approval of his discharge. On 4 May 1979, he was discharged from the Air Force with a general discharge in the grade of airman. He served 8 months and 10 days of active service.

In response to the Board's request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report pertaining to the applicant. A copy of the FBI report was

forwarded to the applicant on a 19 November 2008 for review and response within 30 days (See Exhibit D). Applicant has not provided a correct address.

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. After careful consideration of the available evidence, we found no indication that the actions taken to effect his discharge were improper or based on factors other than his own misconduct. Likewise, the applicant has not shown that the discharge was improper or that the characterization of his discharge was inappropriate under the circumstances. Based on his overall record of service, and his apparent misconduct subsequent to service as indicated on the FBI Report of Investigation, we are not persuaded that an upgrade of the characterization of his discharge is warranted on the basis of clemency. Therefore, based on the available evidence of record, we find no basis upon which to favorably consider his request.

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.

The following members of the Board considered Docket Number BC- 2008-03227 in Executive Session on 14 January 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member 
Member

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-03227:

Exhibit A.	DD Form 149, dated 28 Aug 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	FBI Report, dated 17 Sept 08.
Exhibit D.	Letter, AFBCMR, dated 19 Nov 08.

Panel Chair