RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03847 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 In the past 28 years he has become a contributing member of society. He is reformed and his behavior warrants a re- evaluation with respect to his discharge. The applicant's complete submission is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 18 Dec 78, for a period of four years in the grade of airman basic. His highest grade held was airman. On 12 Oct 79, applicant’s commander notified him that he was recommending that he be discharged from the Air Force for possession of marijuana and being disorderly on station. The applicant received an Article 15, and was ordered to forfeit $200 and was reduced in rank to airman basic. On 19 Oct 79, applicant was interviewed by an evaluation officer, who found that the applicant was subject to discharge for misconduct, and recommended a general discharge, with probation and rehabilitation. On 23 Oct 79, the applicant, after seeking counsel, submitted a statement acknowledging abuse of marijuana, and denying the disorderly conduct incident. He also stated his proficient duty performance supported an honorable discharge. The Staff Judge Advocate reviewed the case file and found it legally sufficient to support discharge and recommended a general discharge without probation and rehabilitation. The discharge authority approved the separation and directed a general discharge without probation and rehabilitation. Applicant was discharged on 1 Nov 79, in the grade of airman basic, under the provisions of AFM 39-12, for Misconduct – Drug Abuse, and was issued a general discharge. He served on active duty for a period of 10 months and 14 days. Pursuant to the Board’s request on 27 Dec 07, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated on 28 Dec 07, that, on the basis of the data furnished, they are unable to locate an arrest record (Exhibit C). On 1 Feb 08, a request for post-service information was forwarded to the applicant for response within 30 days. The applicant has a Bachelor’s degree in Computer Science. He is currently pursuing his Master’s degree in Computer Science. He attended several educational seminars and training classes including Microsoft Server 2003, SQL Server 2005, and Project Management. He provided his employment history since leaving the military. He is currently working as a Software Engineer. He is married and he enjoys spending time with his family. He contributes to a couple of charities, Sunshine Ministries, Harris House, and the St. Louis Symphony Orchestra. He provided names and phone numbers of three personal references. Applicant’s complete response is attached at Exhibit E. ________________________________________________________________ _ 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. The Board finds no impropriety in the characterization of applicant's discharge. 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 he was entitled at the time of discharge. The applicant has not shown the characterization of the discharge was contrary to the provisions of the governing regulation, nor has it been shown the nature of the discharge was unduly harsh or disproportionate to the offenses committed. Considered alone, we conclude the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances. 4. Consideration of this Board, however, is not limited to the events which precipitated the discharge. We have a Congressional mandate which permits consideration of other factors; e.g., applicant's background, the overall quality of service, and post-service activities and accomplishments. Further, we may base our decision on matters of equity and clemency rather than simply on whether rules and regulations which existed at the time were followed. This is a much broader consideration than officials involved in the discharge were permitted, and our decision in no way discredits the validity of theirs. 5. Taking into consideration the available post-service information, it appears likely that applicant has overcome the behavioral traits which led to the discharge action and has led a stable and productive life since the separation. We recognize the adverse impact of the discharge the applicant received; and, while it may have been appropriate at the time, we believe it would be an injustice for the applicant to continue to suffer its effects. Accordingly, we find that corrective action is appropriate on the basis of clemency and recommend the records be corrected as indicated below. _______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 1 November 1979, he was honorably discharged and furnished an Honorable Discharge certificate. _______________________________________________________________ The following members of the Board considered Docket Number BC-2007-03847 in Executive Session on 19 Mar 08, under the provisions of AFI 36-2603: XXXXXXXXXXXXXXXX, Panel Chair XXXXXXXXXXXXXXXX, Member XXXXXXXXXXXXXXXXX, Member All members voted to correct the records, as recommended. The following documentary evidence pertaining to Docket Number BC-2007-03847 was considered: Exhibit A. DD Form 149, 23 Nov 07. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Negative Reply, dated 28 Dec 07. Exhibit D. Letter, AFBCMR, dated 1 Feb 08, w/atch. Exhibit E. Letter, Applicant, undated. XXXXXXXXXXXXXX Panel Chair AFBCMR BC-2007-03847 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to [APPLICANT], be corrected to show that on 1 November 1979, he was honorably discharged and furnished an Honorable Discharge certificate. XXXXXXXXXXXXX Director Air Force Review Boards Agency