RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2008-00498
		INDEX CODE:  110.00
		
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

He never used drugs or marijuana.  He did not lie to the Air Force Office of Special Investigation (AFOSI) agents.  A vengeful informant, who was caught up with his own wrongs, lied about him.

His military record will speak for itself.

The applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 15 Apr 86, for a period of four years.  His highest grade held was airman first class.  

On 26 Jan 89, the XXXXXX commander notified the applicant that he was recommending he be discharged from the Air Force for commission of a serious offense - drug abuse.  The commander recommended a general discharge.  The reason for the proposed action was on 20 Jan 89, he received an Article 15 for possession and use of marijuana.  Punishment consisted of reduction to the grade of airman basic, 30 days of extra duty, and a suspended forfeiture of $394.00 pay per month for two months.

On 27 Jan 89, applicant acknowledged receipt of the notification of discharge and, after consulting with counsel, submitted a statement in his own behalf.  The discharge authority approved the separation and directed a general discharge without probation and rehabilitation.  On 8 Mar 89, he received a general discharge for misconduct-drug abuse.  He served on active duty for a period of 2 years, 10 months, and 24 days.

Pursuant to the Board’s request on 26 Feb 08, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided a copy of an Investigative Report, which is at Exhibit C.  On     17 Mar 08, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days.  To date, a response has not been received.  

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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, 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 which 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-2008-00498 in Executive Session on 7 May 08, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2008-00498 was considered:

    Exhibit A.  DD Form 149, 28 Jan 08, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFBCMR, dated 17 Mar 08.