RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03683 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His general (under honorable conditions) discharge be upgraded to honorable. 2. He receive back pay for the years he had remaining on his six-year enlistment contract prior to his discharge from the Air Force. _________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged from the Air Force in 1983, for failing two urinalysis tests. An investigation was launched about service members who were given false positive urinalysis tests in the early 1980s. Commanders were telling people at the lab to give certain people positive test results. His test results were processed during the same time frame. The program 60 Minutes ran a special about this scandal, and the people involved admitted to the wrong doings. He found out recently that people were being reinstated and given back pay for the remaining years on their enlistment contracts. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Applicant enlisted in the Air Force on 19 Dec 79, and was progressively promoted to the grade of senior airman. On 29 Aug 83, the squadron commander notified the applicant that he was recommending he be discharged from the Air Force for failure in a drug abuse rehabilitation program. On 23 Feb 83, the applicant submitted a commander-directed urine sample which tested positive for marijuana. He received a Letter of Reprimand and was entered into the drug abuse rehabilitation program. He failed to attend two mandatory Social Actions appointments on 14 Jul 83; and on 26 Jul and 11 Aug 83, he submitted urine samples which tested positive for marijuana. On 2 Sep 83, the applicant acknowledged receipt of the notification of discharge and, after consulting with counsel, submitted statements in his own behalf. The staff judge advocate reviewed the case and found it legally sufficient to support separation and recommended that he receive a general discharge without probation and rehabilitation. The discharge authority approved the separation, and on 22 Sep 83, the applicant was discharged with a general discharge, for failure in a drug abuse rehabilitation program. He served on active duty for a period of three years, nine months, and four days. 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 12 Nov 08, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. At the same time the AFBCMR staff offered the applicant an opportunity to provide information pertaining to his activities since leaving the service (Exhibit D). As of this date, no response has been received by this office. _________________________________________________________________ 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, based on the available evidence of record, it appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that the applicant was not afforded all the rights to which entitled at the time of discharge. We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances. 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 believe he has failed to sustain his burden that he has suffered either an error or injustice. Therefore, we find no compelling basis to recommend favorable consideration of his application. 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-2008-03683 in Executive Session on 14 January 2009, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to Docket Number BC-2008-03683 was considered: Exhibit A. DD Form 149, dated 27 Sep 07, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report of Investigation. Exhibit D. Letter, AFBCMR, dated 12 Nov 08, w/atchs.