RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02576 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His narrative reason for separation of “Drug Rehabilitation Failure” be removed from his DD Form 214, Certificate of Release or Discharge from Active Duty. 2. His general (under honorable conditions (UHC)) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: His service in the Air Force was without incident except for the occasional use of marijuana, which he gave up 29 years ago. The statement of “Drug Rehabilitation Failure” has haunted him in his job searches and has affected most opportunities in his life. He asks that his appeal and earnest plea to upgrade his discharge to honorable be given consideration. He believes that his discharge was not related to his performance in the pharmacy. His mistake was using an illegal substance while he was away from his duty station. He decided that the only way to get out of the Air Force was to start smoking marijuana again. He did not realize that he would not get an honorable discharge. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 14 Nov 80. The applicant was notified by his commander that he was recommending him for discharge from the Air Force under the provisions of AFR 39-10, paragraph 5-31. The specific reason for this action was for drug rehabilitation failure. On 12 Jul 83, the applicant acknowledged receipt of the discharge notification. After a legal review, the staff judge advocate concurred with the commander’s discharge recommendation. The applicant received a general (UHC) discharge on 1 Aug 83, after serving 2 years, 8 months, and 18 days on active duty. 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 13 Dec 12, a copy of two FBI reports were forwarded to the applicant for review and comment within 30 days. In response, the applicant noted that one of the FBI Reports sent to him was not his social security number. The Board did not consider the erroneous FBI Report when they made their determination in his case. On 13 Dec 12, a request for information pertaining to his post- service activities was forwarded to the applicant for response within 30 days. In response to our request, applicant provided post-service information, which 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice with regard to the applicant’s request to have his general (UHC) discharged upgraded to honorable. After careful consideration of the available evidence, we found no indication the actions taken to effect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or the actions taken against the applicant were based on factors other than his own misconduct. In the interest of justice, we considered upgrading the applicant’s discharge on the basis of clemency; however, there was insufficient evidence submitted to compel us to recommend granting the request on that basis. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. Notwithstanding the above, sufficient relevant evidence has been presented to warrant partial relief with regard to his narrative reason. In this respect, the majority of the Board believes the applicant has rehabilitated himself as noted by the letters of support from members of his church and other prominent members of his community and should no longer have to suffer the adverse effect of the stigma that is attached to the narrative reason for his separation. Consequently, the majority of the Board believes that his narrative reason should be changed to “Secretarial Authority” with the corresponding SPD code of “JFF.” Therefore, we recommend his record 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 August 1983, he was discharged under the provisions of AFR 39-10, “Directed by the Secretary of the Air Force” with Separation Program Designator (SPD) Code of “JFF.” _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02576 in Executive Session on 15 Feb 13, under the provisions of AFI 36-2603: By a majority vote, the Board voted to correct the records, as recommended. XXX voted to deny the applicant’s request, but did not submit a minority report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 Jun 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, SAF/MRBR, dated 13 Dec 12, w/atchs. Panel Chair