RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02163
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant makes no contentions.

Applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29 January 1981 for a period of four years.  He was progressively promoted to the grade of airman first class on 29 January 1982, senior airman on 1 June 1984, and sergeant on 1 June 1985.  He received five airman performance reports (APRs) closing 25 March 1982, 25 March 1983, 23 July 1983, 24 July 1984 and 18 April 1985 in which the overall evaluations were “8,” “8,” “8,” “9,” and “9.”

On 4 March 1986, the applicant’s commander notified him that he was recommending discharge from the Air Force for the commission of a serious offense – drug abuse.  The commander was recommending applicant receive an under honorable conditions (general) discharge based on the fact he wrongfully used marijuana on or about 16 January 1986 as evidenced by a urinalysis report which tested positive for THC and an Article 15, dated 20 February 1986.  Punishment consisted of reduction to the grade of airman first class.  Applicant acknowledged receipt of the notification of discharge on 4 March 1986 and after consulting with legal counsel submitted statements in his own behalf.  The base legal office reviewed the case and found it legally sufficient to support discharge and recommended an under honorable conditions (general) discharge without probation and rehabilitation (P&R).  The discharge authority approved the separation and directed that applicant be discharged with an under honorable conditions (general) discharge without P&R.

The applicant was separated from the Air Force on 27 March 1986 under the provisions of AFR 39-10, Administrative Separation of Airmen (misconduct – drug abuse), with an under honorable conditions (general) discharge.  He served 5 years, 1 month and 29 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.  Therefore, they recommend denial of the applicant’s request.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 July 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  On 1 September 2004, the applicant was invited to provide information pertaining to his activities since leaving the service.  On 15 September 2004, a copy of the FBI report was submitted to the applicant for review and response (Exhibit E).

In a letter dated 21 September 2004, applicant states he has been a distributor of electronic cleaning appliances since his discharge from military service in 1985.  He has owned several locations in Ohio for a number of years.  Three years ago he joined VFW post 2799 in, Ohio, and this year was elected Jr. Vice Commander, due to his business experience and varied people skills.  Their post is one of the few that is on an upward swing and the current commander would like to see him serve as a future commander, however, he strongly feels that his type of discharge would be viewed unfavorably by the senior members of their post, and it may prohibit his election.  Because of the aging of their current veterans and with the hopefully potential influx of Afgan and Iraq veterans in the near future, he could help bridge the gap from the Vietnam era to veterans of foreign wars today.

He often recalls his days in the Air Force and realizes what a positive influence it has had on his life and the lives of his children.  Respect, confidence, teamwork, dedication, pride and discipline, experiences he gained, have guided him through many challenges.  One indiscretion has scarred almost six years of military life, and now it has come to haunt him.  The only thing he hopes to gain with this upgrade is to serve veterans and their families through the great work of the Veterans of Foreign Wars.

Applicant's complete response is at Exhibit F.

_________________________________________________________________

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 probable error or injustice.  Evidence has not been presented which would lead us to believe that the applicant’s under honorable conditions (general) discharge was erroneous or unjust.  The available evidence indicates that the applicant’s discharge was based on the fact he wrongfully used marijuana as evidenced by a urinalysis report which tested positive for THC, which is a serious offense.  He is now seeking an upgrade to his discharge to qualify for employment opportunities.  However, he has provided no evidence showing his discharge was improper or contrary to the provisions of the governing regulation at the time it was effected or that his commanders abused their discretionary authority.  We also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency.  We have considered applicant’s overall quality of service, the events which precipitated the discharge, and available evidence related to post-service activities and accomplishments.  On balance, we do not believe that clemency is warranted.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this 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 this application in Executive Session on 28 october 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 9 Jul 04.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	FBI Report.
	Exhibit D.	Letter, AFPC/DPPRS, dated 28 Jul 04.
	Exhibit E.	Letters, SAF/MRBR, dated 30 Jul 04, AFBCMR, dated
	           1 Sep 04 and 15 Sep 04.
	Exhibit F.	Applicant’s Response, dated 21 Sep 04.