RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-01141
            INDEX CODE 110.00
            COUNSEL:  None

            HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1985 general discharge be upgraded to honorable and he be  allowed
to enter the Air Force Reserves.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He no longer drinks alcohol  or  uses  drugs.  The  character  of  his
discharge has prejudiced employers  repeatedly.  He  has  accomplished
many things despite this handicap. He has a family business  with  his
wife and earned a black belt in karate. He wants his honor back and  a
chance to serve again.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 21 Aug 81  and  was
ultimately promoted to airman first class with a date of  rank  of  21
Aug 82. His performance reports from 21 Aug 81 through 21 Sep  84  had
overall ratings of 9, 9, and 8. During the period in question, he  was
an aircraft mechanic assigned to the 21st Aircraft Generation Squadron
at Elmendorf AFB, AK.

The applicant was counseled on 18 Jun  82  for  issuing  a  bad  check
($15.00) to the Alaska Area Exchange.

On 23 Feb 83, the applicant received a Letter  of  Admonishment  (LOA)
for having a  knife  in  his  dormitory  room  in  violation  of  base
regulation and the Uniform Code of Military Justice (UCMJ).

On 14 Feb 84, nonjudicial punishment was imposed on the  applicant  by
Article 15 for wrongfully using marijuana between 21 Nov and 5 Dec 83.
  He  did  not  make  a  personal  appearance  or  submit  a   written
presentation.  He was reduced to the grade  of  airman  and  forfeited
$100.00 in pay for two months.  He did not appeal.

On 7 Mar 84, he was counseled for issuing a bad check ($8.91)  to  the
Alaska Area Exchange. On 10 Sep  84,  he  received  a  ticket  for  an
abandoned vehicle.

On 30 Jul 85, nonjudicial punishment was imposed on the  applicant  by
Article 15 for wrongfully using marijuana between 15  and  21 Jul  85.
He  did  not  make  a  personal  appearance  or   submit   a   written
presentation. He was reduced to the grade of airman basic and  ordered
to perform 45 days of extra duty.

The applicant was evaluated by the Mental Health Clinic on  6  Aug  85
and did not have a  DSM  III  diagnosis,  to  include  a  drug/alcohol
diagnosis.

On 7 Aug 85, the case was found legally sufficient, and the  discharge
authority directed the applicant’s  discharge  without  probation  and
rehabilitation.

The applicant was separated on 12 Aug 85 in the grade of airman  basic
with a general discharge for Misconduct – Drug Abuse. He had 3  years,
11 months and 21 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQAFPC/DPPRS believes the discharge was consistent with the procedural
and  substantive  requirements  of  the  discharge   regulation.   The
discharge was within the sound discretion of the discharge  authority.
The applicant has provided no  facts  warranting  an  upgrade  of  his
discharge. Denial is recommended.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPAE confirms that the applicant’s RE code is  correct  based
on the characterization of his service.

A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded, indicating that nothing can change the  facts
or the past. He was wrong but has become a better man because  of  it.
He apologizes for his actions.

The 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 error or injustice. After a thorough  review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded
that his general discharge should be upgraded to  honorable.  In  this
regard, the applicant has provided no evidence demonstrating that  his
discharge was inappropriate, unduly harsh or  beyond  the  commander’s
authority. Further, while  his  achieving  a  karate  black  belt  and
starting a business with his wife is acknowledged, we do not find this
sufficient post-service information  to  overcome,  on  the  basis  of
clemency, his repeated misconduct while in the military. We  therefore
agree with  the  recommendations  of  the  Air  Force  and  adopt  the
rationale expressed as the basis for our decision that  the  applicant
has failed to sustain his burden of having suffered either an error or
an injustice. In view of the above and absent persuasive  evidence  to
the contrary, we find no compelling basis to  recommend  granting  the
relief sought.

4.    The applicant’s case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially add to our understanding of the issues involved. Therefore,
the request for a hearing is not favorably considered.

_________________________________________________________________

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 19 September 2002 under the provisions of AFI 36-
2603:

                 Mr. Edward C. Koenig III, Panel Chair
                 Mr. John E. Pettit, Member
                 Mr. Grover L. Dunn, Member

The following documentary evidence relating to AFBCMR Docket Number 02-
01141 was considered:

   Exhibit A.  DD Form 149, dated 29 Mar 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 26 Apr 02.
   Exhibit D.  Letter, HQ AFPC/DPPAE, dated 22 May 02.
   Exhibit E.  Letter, SAF/MRBR, dated 31 May 02.
   Exhibit F.  Letter, Applicant, undated (received 18 Jul 02).




                                   EDWARD C. KOENIG III
                                   Panel Chair