RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-01261

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable (application, dated 29  March
2003).

His Reenlistment Eligibility (RE) code of 2B be changed to 3A  (application,
dated 16 June 2003).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

The discharge was inequitable because it was based on one isolated  incident
during his 24 months of service.

The applicant states that he had no  other  adverse  actions  taken  against
him.  His life as a civilian before and after his enlistment  also  reflects
no history of drug abuse or criminal  activity.   He  was  discharged  as  a
result of his wrongful  use  of  percocet,  which  he  pled  guilty  to  and
admitted from the start.  Since he is not a drug user, he  finds  it  unjust
that his Air Force career was ended and he has been  labeled  based  on  one
isolated incident.  Since his discharge, he has been attending  college  and
upon graduation would like to enter the electronics industry with  no  marks
on his record and no doubts to his employability.

In  support  of  the  appeal,  the  applicant  submits   several   character
references, copies of  the  Summary  Court-Martial  and  extracts  from  his
college records.

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

_________________________________________________________________






STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  on  4  March  1998  for  a
period of four years.

He was tried by a Summary Court-Martial on 5  November  1999  for  violating
Article 112a of the Uniform Code of Military Justice (UCMJ).   Specifically,
for wrongfully using percocet, a Schedule II controlled substance between  1
May 1999 and 30 June 1999.  He pled guilty to the charge, was found  guilty,
and  sentenced  to  7  days  of  confinement,  forfeiture  of  $250.00  pay,
reduction  to  the  grade  of  E-2,  and  21  days  of  hard  labor  without
confinement.

On 17 February 2000, the commander notified him of his intent  to  recommend
his discharge based on misconduct - drug abuse, and that if approved,  would
result in his receipt of a general discharge.

The discharge was approved on 2 March 2000, and on  6  March  2000,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions) and issued RE Code 2B (Separated with a general or  under-other-
than-honorable-conditions (UOTHC) discharge).  He completed 2  years  and  3
days of active service.

On 3 October 2002, the Air Force Discharge Review Board  (AFDRB)  considered
and denied his request to upgrade his discharge to honorable.

Pursuant to the Board's request, the Federal Bureau of Investigation  (FBI),
Clarksburg, WV, indicated that on the basis  of  the  data  furnished,  they
were unable to locate an arrest record.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
the  discharge  was  consistent  with   the   procedural   and   substantive
requirements of the discharge regulation.  In addition,  the  discharge  was
within the discretion of the discharge authority.  He  did  not  submit  any
new evidence or identify any errors of injustices that occurred.

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________







APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 16 May 2003 for review and response within 30 days.  However, as of  this
date, this office has received no response.

_________________________________________________________________

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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of   an   error   or   injustice   to   warrant   upgrading   the
characterization of the applicant’s discharge to honorable and changing  his
RE code to 3K  (Secretarial  Authority).   After  thoroughly  reviewing  the
evidence of record and noting the applicant’s complete submission,  we  find
no impropriety in the characterization of his discharge.   Furthermore,  the
RE code assigned at the time of his  discharge  appropriately  reflects  his
general  discharge  (under  honorable  conditions).    However,   based   on
mitigating factors (i.e., he admitted to the offense,  it  was  an  isolated
incident and a departure from his normal behavior), we find that  relief  is
warranted on the basis of clemency.  Furthermore, it  appears  that  he  has
been a productive member of  society  since  his  discharge.   Although  the
characterization of his discharge and the assigned RE  code  may  have  been
appropriate at the time, we believe it would be  an  injustice  for  him  to
continue to suffer their  adverse  effects.   Therefore,  on  the  basis  of
clemency, we believe his discharge should be upgraded to honorable  and  his
RE code changed to 3K, which is a code that can be waived for prior  service
enlistment consideration, provided  he  meets  all  other  requirements  for
enlistment under an existing prior service program.  Whether or  not  he  is
successful will depend on the needs of the service  and  our  recommendation
in no way guarantees that he will be allowed to return to any branch of  the
service.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 6 March  2000,  he  was  honorably
discharged, furnished an  Honorable  Discharge  certificate,  and  issued  a
Reenlistment Eligibility code of “3K.”

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-01261
in Executive Session on 10  July  2003  and  14  November  2003,  under  the
provisions of AFI 36-2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Ms. Jean A. Reynolds, Member
                       Ms. Cheryl Jacobson, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 6 May 03.
    Exhibit D.  Letter, SAF/MRBR, dated 16 May 03.
    Exhibit E.  DD 149, dated 16 Jun 03, w/atchs.
    Exhibit F.  Letter, AFPC/DPPRS, dated 6 May 03.
    Exhibit G.  Letter, AFPC/DPPAE, dated 2 Jul 03.
    Exhibit H.  Letter, SAF/MRBR, dated 11 Jul 03.




                                   WAYNE R. GRACIE
                                   Panel Chair
AFBCMR BC-2003-01261




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 6 March 2000, he was
honorably discharged, furnished an Honorable Discharge certificate, and
issued a Reenlistment Eligibility code of “3K.”







JOE G. LINEBERGER

Director

Air Force Review Boards Agency