RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-01836
            INDEX CODE 106.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1985 general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since his discharge 18 years ago, his conduct in  the  civilian  world
has been excellent. He is currently  raising  a  family  of  wonderful
children, obtaining a degree in accounting from DeVry University,  and
working as a  surgical  technician  in  several  area  hospitals.  One
unfortunate lack of judgment cost him a military career  of  which  he
was very proud.

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


_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 30 Sep 77  and  was
ultimately promoted to the grade of sergeant on 1 Aug 81.

During the period in question, he was a  dental  assistant  specialist
assigned first to the USAF Medical Center at Wright-Patterson AFB, OH,
and then to the USAF Hospital  Lajes  in  the  Azores,  Portugal.  His
Enlisted Performance Reports are at Exhibit B.

A 23 Jun 83 Mental Health entry reports that the  applicant’s  medical
records were screened for disqualifying factors; none was noted.

On 25 Jun 85, the applicant was notified of his commander's intent  to
impose nonjudicial punishment upon him for being absent without  leave
(AWOL) from 20 Jun 85 until he surrendered  himself  to  the  security
police on 24 Jun 85. On 26 Jun 85, after consulting with counsel,  the
applicant waived his right to a trial by  court-martial,  requested  a
personal appearance but did not submit a written presentation.  On  27
Jun 85, his commander found him guilty and imposed punishment  in  the
form of reduction from sergeant to airman first class  and  forfeiture
of $416.00 per month for two  months.  The  forfeiture  was  suspended
until 26 Dec 85.  The applicant did not appeal the punishment.

Around 28 Jun 85,  the  applicant’s  urinalysis  tested  positive  for
marijuana. A 20 Aug 85 mental health medical entry reported  that  the
applicant was evaluated following the positive urinalysis, he admitted
to a one-time recreational use of marijuana while  on  leave,  and  no
other psychiatric diagnosis was made.

On 29 Aug 85, the squadron commander notified  the  applicant  of  his
intent to recommend  discharge,  possibly  under-other-than-honorable-
conditions (UOTHC), for the  applicant’s  wrongful  use  of  marijuana
while on leave from 29 May 85 to 19 Jun 85 and for being AWOL from  20
to 24 Jun 85.

On 30 Aug 85, the applicant offered a conditional waiver of his  right
to an administrative discharge board contingent upon his receiving  no
less than a general discharge.

A 3 Sep 85 mental health medical entry  indicates  the  applicant  was
seen  in   the   Drug   Rehabilitation   Committee   for   educational
rehabilitation only as a recreational drug experimenter.

On 6 Sep 85, the  squadron  commander  recommended  the  applicant  be
separated, without probation and rehabilitation (P&R),  with  a  UOTHC
discharge for misconduct (drug abuse)

On 13 Sep 85,  legal  review  recommended  the  commander  accept  the
applicant’s  conditional  waiver  and  separate  him  with  a  general
discharge. The wing commander concurred and  the  discharge  authority
directed the applicant’s general discharge without P&R.

The applicant was discharged in the grade of airman first class on  24
Sep 85 with a general characterization after 7 years, 11 months and 10
days of active service.

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

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended denial because the  applicant  submitted  no
new evidence warranting  an  upgrade  nor  identified  any  errors  or
injustices in the discharge processing.  Further,  the  discharge  was
consistent with the procedural and  substantive  requirements  of  the
pertinent  regulation  and  was  within  the   discharge   authority’s
discretion.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 3 Jul 03 for review and comment within 30  days.   As  of
this date, this office has received no response.

On 30 Jul 03, the AFBCMR Staff invited the applicant to  submit  post-
service information in support of his appeal. However, this office has
received no response as of this date.

_________________________________________________________________

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  to  warrant  upgrading   the
applicant’s  discharge.   The   applicant   provides   no   persuasive
documentation showing that his general discharge was not supported  by
his own misconduct or was contrary to the provisions of the  governing
regulations in effect at the time. In fact, he does  not  contend  his
general discharge was in  error.  The  applicant  instead  claims  his
conduct since his discharge has been excellent, that  he  is  striving
for a degree from the DeVry University, and is working as  a  surgical
technician in several hospitals. However, despite the invitation  from
the AFBCMR Staff, the applicant has  not  submitted  any  post-service
information confirming his assertions or  demonstrating  that  he  has
become a productive member of society. His submission  has  not  shown
that he has been the victim of error or injustice or that his  conduct
since  his  discharge  has  overcome  his  misbehavior  while  in  the
military. Therefore, he has not made a case for relief on the basis of
either merit or clemency.  However,  should  he  provide  post-service
information such as suggested in the Information Bulletin provided  by
the AFBCMR Staff in their 30 Jul 03 letter, we  would  be  willing  to
review his case for possible reconsideration. Until then, we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

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 23 September 2003 under the provisions of AFI 36-
2603:

                 Mr. Roscoe Hinton, Jr., Panel Chair
                 Ms. Jean A. Reynolds, Member
                 Ms. Leslie E. Abbott, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-01836 was considered:

   Exhibit A.  DD Form 149, dated 5 May 03.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report - No Arrest Record
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 1 Jul 03.
   Exhibit E.  Letter, SAF/MRBR, dated 3 Jul 03.
   Exhibit F.  Letter, AFBCMR, dated 30 Jul 03.





                                   ROSCOE HINTON, JR.
                                   Panel Chair