RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03507
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be  upgraded  to
honorable.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He did not fully understand the ramifications of  his  actions  and
therefore did not change his behavior.  Additionally,  he  believes
the drug screening process  was  selective  and  not  objective  in
regard to the selection process.

In support of his appeal, applicant submitted a copy of his DD Form
214, Certificate of Release or Discharge from  Active  Duty,  dated
5 Nov 84; Pennsylvania  (PA)  State  Police  Request  for  Criminal
Record Check, dated 25 Oct 01, (reflecting  no  record);  PA  Child
Abuse History Clearance, dated 8 Nov 01,  (reflecting  no  record);
letters of character reference from his brother-in-law,  supervisor
and a family care agency case manager.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 24  Mar  82  in  the
grade of airman basic for a period of four  years.   Prior  to  the
events under review, he was promoted to the grade of  airman  first
class (A1C/E-3).  Applicant’s grade at time of discharge was airman
basic (AB/E-1).

A resume of applicant’s airman performance  reports  (APR)  profile
follows:

            PERIOD CLOSING              OVERALL EVALUATION


           23 Mar 83                                    9
                 23 Mar 84                                    8
                 06 Sep 84                                    5

On 26 Sep  84,  the  squadron  commander  initiated  administrative
discharge action against the applicant for drug abuse.   The  bases
for the proposed discharge action were that:

     On 3 Jan 84, applicant  received  nonjudicial  punishment  for
knowingly and wrongfully using marijuana from on or about 7  Sep 83
to 3 Oct 83.  His punishment consisted of a suspended reduction  to
airman and 30 days of extra duty.

     On 14 Aug 84, applicant received  nonjudicial  punishment  for
wrongful use of marijuana  on  or  about  21  Jul  84.   Punishment
consisted of a reduction to the grade of airman basic and  30  days
of additional duty.

After consulting with  counsel  and  having  been  advised  of  his
rights, applicant submitted a  conditional  waiver  of  his  rights
associated  with  an   administrative   discharge   board   hearing
contingent on his receipt of no less than a general discharge.   On
2 Oct 84, the Wing Staff  Judge  Advocate  found  the  case  to  be
legally  sufficient  to  support  discharge.   He  recommended  the
conditional waiver be rejected and applicant be advised  to  submit
either an unconditional waiver or a request for  an  administrative
discharge board hearing.  The conditional waiver was denied and  on
12 Oct 84, applicant submitted an unconditional waiver of his right
to an administrative discharge board with the understanding that he
could be issued an under other than  honorable  conditions  (UOTHC)
discharge.  On 15 Oct 84, the Wing Staff Judge Advocate  found  the
case to be legally sufficient to support discharge and  recommended
a UOTHC, without probation and rehabilitation (P&R).

On 22 October 1984, the wing commander recommended the  applicant’s
unconditional  waiver  be  accepted  and  the  discharge  authority
approve a UOTHC and that  probation  and  rehabilitation  were  not
appropriate.  On 26 Oct 84, the  Numbered  Air  Force  Staff  Judge
Advocate found the case file legally sufficient and  recommended  a
UOTHC discharge without P&R.

On 26 Oct 84, the discharge authority approved  a  UOTHC  discharge
and stated that probation and rehabilitation  were  considered  and
deemed inappropriate.

On 5 Nov 84, applicant was discharged under the provisions  of  AFR
39-10,  by  reason  of  misconduct  -  drug  abuse,  with   service
characterized as under other than  honorable  conditions.   He  was
credited with 2 years,  7  months,  and  12  days  of  active  duty
service.

On 7 Oct 92, the Air Force Discharge Review  Board  (AFDRB)  denied
the applicant’s request for upgrade of his discharge to  honorable.
The AFDRB examiner noted applicant’s DD Form 214 erroneously  cited
the character of service as general  (under  honorable  conditions)
(Exhibit C).

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, WV, indicated on 23 Feb 04, that, on the
basis of data furnished,  they  are  unable  to  locate  an  arrest
record.

On  22  Jan  04,  applicant’s  DD  Form  214  was  administratively
corrected to reflect character of  service  as  “under  other  than
honorable  conditions”  rather  than  “general   (under   honorable
conditions).”

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based  on
available documentation in  the  file,  they  found  the  discharge
consistent with the procedural and substantive requirements of  the
discharge regulation.  Additionally, the discharge was  within  the
sound discretion of  the  discharge  authority.   They  also  noted
applicant did not submit any new evidence or identify any errors or
injustices that occurred in the discharge processing  and  provided
no other facts warranting an upgrade of the discharge.

A complete copy of the evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 6 Feb 04 for review and comment within  30  days.   As  of  this
date, no response has been received by this office (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.  Sufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice.  The applicant  has  requested
that his general discharge be upgraded to honorable.  However,  the
available record reflects that the discharge authority directed  an
under other than honorable  conditions  (UOTHC)  discharge,  not  a
general (under honorable conditions) discharge as reflected on  his
DD Form 214.   After  careful  consideration  of  the  evidence  of
record, we found no evidence that the actions taken to  effect  the
applicant’s discharge were improper or contrary to  the  provisions
of the governing regulations in effect at the  time,  or  that  the
actions taken against the applicant were  based  on  factors  other
than his own misconduct.  Nevertheless, while we do not condone the
behavior that led to his discharge, he has had  to  live  with  its
adverse effects for almost 20 years.  As evidenced by  the  letters
of character reference and  support  provided  in  the  applicant’s
behalf, it appears that he  has  been  a  responsible  citizen  and
productive member of society since leaving the service.  In view of
this, we believe that some form of relief is warranted.  Therefore,
we find that an upgrade of the characterization of his discharge to
general, under honorable conditions, is warranted on the  basis  of
clemency.  An honorable discharge was considered; however, in  view
of his overall record of service, we do not believe that an upgrade
of his discharge to fully honorable is warranted.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating   to   APPLICANT,   be   corrected   to   show   that   on
5 November 1984, he was discharged with  service  characterized  as
general (under honorable conditions).

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2003-03507 in Executive Session  on  1  April  2004,  under  the
provisions of AFI 36-2603:

      Mr. Roscoe Hinton Jr., Panel Chair
      Ms. Martha A. Maust, Member
      Mr. Vance E. Lineberger, Member

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

     Exhibit A.  DD Form 149, dated 24 Nov 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  AFDRB Hearing Record.
     Exhibit D.  Letter, HQ AFPC/DPPRS, dated 27 Jan 04.
     Exhibit E.  Letter, SAF/MRBR, dated 6 Feb 04.




                                   ROSCOE HINTON JR.
                                   Panel Chair



AFBCMR BC-2003-03507




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 XXXXXXX, XXXXXXX, be corrected to show that on
5 November 1984, he was discharged with service characterized as
general (under honorable conditions).






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency