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AF | BCMR | CY2005 | BC-2004-03080
Original file (BC-2004-03080.DOC) Auto-classification: Approved




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03080
            INDEX CODE:  A67.70


            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His court-martial conviction was overturned on appeal.  He  wanted  to
remain in the Air Force; however, he was pressured by his superiors to
voluntarily resign under the threat of a dishonorable discharge.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military personnel records indicate that  on  19
Oct 83, the applicant was convicted  by  a  general  court-martial  of
wrongful use and possession of marijuana.  His  conviction  was  based
partially on his written confession,  in  which  he  admitted  smoking
marijuana.  The Air Force Court of Military Review found that a search
of his off-base residence was improper and, on 11 Sep  84,  overturned
the conviction and dismissed the charges.

On 19 Dec 84, discharge action was initiated against the applicant for
drug abuse.

On 16  Jan  85,  the  applicant  tendered  his  resignation  from  all
appointments in the Air Force.

On 11 Feb 85, the Commander, 22d Air Refueling  Wing  recommended  his
resignation be approved, and that he  be  discharged  with  a  general
discharge (under honorable conditions).

On 21 Feb 85, the  office  of  the  Staff  Judge  Advocate  found  the
discharge case file to  be  legally  sufficient  and  recommended  the
applicant’s resignation be approved.

On 26 Feb 85, the Commander, 12th Air  Division,  concurred  with  the
wing commander’s recommendation that the  applicant’s  resignation  be
approved and he be given a general discharge.

On  27  Feb  85,  the  Commander,  15th  Air  Force,  recommended  the
applicant’s  resignation  be  approved  and  he  be  given  a  general
discharge.

On 13 Mar 85, the Vice Commander, Strategic Air  Command,  recommended
the application for separation be approved and that the  applicant  be
given a general discharge.

On 5 Apr 85, the Secretary of the Air Force accepted  the  applicant’s
resignation and directed he be discharged under honorable conditions.

On 25 Apr 85, the applicant was discharged under the provisions of AFR
36-12 (Voluntary Resignation:  Unfit, Unacceptable Conduct), with  his
service characterized as under honorable conditions (general).  He was
credited with three  years,  two  months,  and  four  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   that   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  29
Oct 04 for review and response.  As of this date, no response has been
received by this office (Exhibit E).

By letter, dated 16 Dec 04, the applicant provided a response  to  the
Board’s staff request for documentation pertaining to  his  activities
since leaving the service, which is attached at Exhibit G.

_________________________________________________________________

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.  The evidence of record indicates
that discharge action was initiated against  the  applicant  for  drug
abuse,  who  eventually  submitted  his  voluntary  resignation.   His
resignation was accepted and he was given a general  discharge  (under
honorable conditions) for unfit, unacceptable, conduct.  The  majority
of the Board finds no evidence which would lead them  to  believe  the
applicant’s  general  discharge  was  improper  or  contrary  to   the
governing regulation.  In view of the above, the majority of the Board
concludes that no basis exists to recommend favorable  action  on  the
applicant’s  request  that  his  general  discharge  be  upgraded   to
honorable.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 Jan 05, under the provisions of AFI 36-2603:

      Ms. Peggy E. Gordon, Panel Chair
      Ms. Renee M. Collier, Member
      Mr. Patrick C. Daugherty, Member

By  a  majority  vote,  the  Board  voted  to  deny  the  application.
Mr. Daugherty voted to grant the appeal but did not desire to submit a
minority report.  The following  documentary  evidence  pertaining  to
AFBCMR Docket Number BC-2004-03080 was considered:

    Exhibit A.  DD Form 149, dated 28 Sep 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Letter, AFPC/DPPRS, dated 22 Oct 04.
    Exhibit E.  Letter, SAF/MRBR, dated 29 Oct 04.
    Exhibit F.  Letter, AFBCMR, dated 6 Dec 04.
    Exhibit G.  Letter, applicant, dated 16 Dec 04.




                                   RENEE M. COLLIER
                                   Acting Panel Chair


                   MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                   FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

FROM: SAF/MRB


SUBJECT:    AFBCMR Application of

      I have carefully considered the rationale of the Board majority;
however, I agree with the minority member that the applicant’s request that
his general (under honorable conditions) discharge be upgraded to honorable
should be favorably considered.

      The evidence of record indicates that discharge action for drug abuse
was initiated against the applicant, who eventually submitted his voluntary
resignation.  His resignation was accepted and he was subsequently
discharged with his service characterized as under honorable conditions.  I
agree with the Board majority that no evidence has been presented which
shows his discharge was improper or contrary to the directive under which
it was effected.  However, I do note the applicant was discharged in 1985.
Since that time, it appears he has made a successful transition to civilian
life.  In view of this, I believe the continued stigma of the general
discharge for the offenses he is alleged to have committed no longer serves
any useful purpose.  Therefore, I am persuaded that upgrading the
applicant’s discharge to honorable, based on clemency, would be appropriate
in this case.  Accordingly, I direct the applicant’s general discharge be
upgraded to honorable.




                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency






AFBCMR BC-2004-03080




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 25 Apr 85, he was
honorably discharged and furnished an Honorable Discharge certificate.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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