RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02793
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Although he tested positive for marijuana, he believes it was a
youthful transgression. He has not used any recreational drugs since
that time, and he volunteered to testify at the trial of other
individuals charged with drug-related offenses.
In support of his appeal, the applicant provided a character reference
statement.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 14 Oct 81 for a period
of four years.
On 18 Jun 85, the applicant’s commander notified him that he was
recommending his discharge for drug abuse. The reason was that on 7
May 85, he received nonjudicial punishment under Article 15 for
wrongfully using marijuana on 12 Mar 85.
On 9 Jul 85, the office of the Staff Judge Advocate found the
discharge case file to be legally sufficient and recommended the
applicant be furnished a general discharge.
On 12 Jul 85, the discharge authority approved the discharge action
and directed the applicant be furnished a general discharge.
On 11 Oct 85, the applicant was discharged under the provisions of AFR
39-10 (Misconduct - Drug Abuse) and furnished a general discharge. He
was credited with 3 years, 11 months, and 28 days of active service.
The Federal Bureau of Investigation, Clarksburg, West Virginia,
indicated that, on the basis of data furnished, they are unable to
locate an arrest record (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial indicating based on the documentation in
the applicant’s records, the discharge was consistent with the
procedural and substantive requirements of the discharge regulation,
and was within the discretion of the discharge authority. In their
view, the applicant did not submit any evidence or identify any errors
or injustices that occurred in the discharge processing, and he
provided no facts warranting a change to his character of service.
A complete copy of the AFPC/DPPRS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 24
Sep 04 for review and response. As of this date, no response has been
received by this office (Exhibit E).
By letter, dated 19 Oct 04, the Board's staff requested that the
applicant provide information pertaining to his activities since
leaving the service. As of this date, no response has been received
by this office (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. The evidence of record reflects the applicant was discharged for
drug abuse. No evidence has been presented which would lead us to
believe his discharge was improper or contrary to the directive under
which it was effected. However, we note that the applicant was
discharged in 1985. In view of the passage of time, and since it
appears the applicant has been drug free and has made a successful
transition to civilian life, we believe the continued stigma of the
general discharge no longer serves any useful purpose. Therefore, we
are of the opinion that upgrading the applicant’s discharge to
honorable, based on clemency, would be appropriate in this case.
Accordingly, we recommend the applicant’s general discharge be
upgraded to honorable.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 11 Oct 85, he was
honorably discharged and furnished an Honorable Discharge certificate.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2004-02793 in Executive Session on 8 Dec 03, under the provisions of
AFI 36-2603:
Ms. Martha J. Evans, Panel Chair
Mr. Alan A. Blomgren, Member
Mr. Michael J. Novel, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Aug 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI report.
Exhibit D. Letter, AFPC/DPPRS, dated 16 Sep 04.
Exhibit E. Letter, SAF/MRBR, dated 24 Sep 04.
Exhibit F. Letter, AFBCMR, dated 19 Oct 04.
MARTHA J. EVANS
Panel Chair
AFBCMR BC-2004-02793
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 , be corrected to show that on 11 Oct 85, he was
honorably discharged and furnished an Honorable Discharge certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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