RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00120

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

His discharge appeared to be discriminatory. His records showed a good airman.  His enlistment was accepted with the knowledge that he did use pot (marijuana). His recruiter accepted his use of marijuana. He has not been in any trouble since his discharge. He feels the military is responsible for his downfall. He volunteered after the dismal act of leaving Vietnam. He gave his service voluntarily--he deserves better.

In support of his application, applicant submits a DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 6 October 1975. He was progressively promoted to the grade of staff sergeant. 

On 22 July 1985, applicant's commander recommended discharge from the Air Force due to misconduct - drug abuse.  The basis for the commander’s recommendation was that on or about 14 December 1984, applicant wrongfully used marijuana. 

On 30 July 1985, the applicant acknowledged receipt of the notification of discharge and denied using marijuana. 

On 1 November 1985, the applicant was notified that his case would be presented to a discharge board convening on 4 November 1985. Applicant acknowledged receipt of the notification and requested a delay.  

On 20 November 1985, board officers convened under the provisions of AFR 39-10 to determine whether the applicant should be discharged prior to the expiration of his term of service because of misconduct. The board recommended that applicant be discharged because of misconduct with an under than honorable conditions (UOTHC) discharge with probation and rehabilitation.  The base legal office reviewed the administrative discharge proceedings and found them legally sufficient and recommended applicant be discharged with an UOTHC discharge without probation and rehabilitation. The discharge authority approved separation and directed the applicant be discharged with an UOTHC discharge.

On 11 February 1986, the applicant was discharged under the provisions of AFR 39-10, Administrative Separation of Airmen (misconduct - drug abuse), with an UOTHC discharge. He served 10 years, 4 months and 7 days of total active military service.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated they were unable to identify with an arrest record on the basis of the information furnished - Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial based on the documentation on file in the master personnel records.  They believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation and the discharge was within the discretion of the discharge authority.  They indicate the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing and he provided no facts warranting a change to his character of service. 

AFPC/DPPRS complete evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 4 March 2005, for review and comment within 30 days.  As of this date, no response has been received by this office.

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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, the Board excused the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting an upgrade in his discharge.  The records reflect the commander initiated administrative actions based on information he determined to be reliable and that administrative actions were properly accomplished.  The applicant was afforded all rights granted by statute and regulation.  We are not persuaded by the evidence presented that the commander abused his discretionary authority when he initiated the discharge action.  The only other basis upon which to recommend an upgrade of his discharge would be clemency.  However, applicant has failed to provide documentation pertaining to his post service conduct.  Should he provide statements from community leaders and acquaintances attesting to his good character and reputation and other evidence of successful post-service rehabilitation, this Board will reconsider this case based on the new evidence.  Therefore, in the absence of this documentation, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a 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-2005-00120 in Executive Session on 9 June 2005, under the provisions of AFI 36-2603:

			Panel Chair
		     Member
	  	        Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 18 Jan 05, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C. FBI Report, dated 17 May 2005.
	Exhibit D.	Letter, AFPC/DPPRS, dated 28 Feb 05.
	Exhibit E.	Letter, SAF/MRBR, dated 4 Mar 05.

	
	Panel Chair