RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-01222
                                             INDEX CODE:  110.00
                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  21 AUGUST 2007


______________________________________________________________

APPLICANT REQUESTS THAT:

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

His narrative reason for separation on his DD Form  214,  Certificate
of Release or Discharge from Active Duty be changed from  “Misconduct
– Drug Abuse” to “Misconduct.”

__________________________________________________________________

APPLICANT CONTENDS THAT:

He has more than paid for what he did while he was in  the  military.
He does not dispute any findings in his case  material  or  evidence.
He paid the penalty with fines, reduction in rank, and  the  loss  of
his career.  He is a law abiding citizen,  was  married  for  sixteen
years to the same woman, and has a 14-year old son.  This is the only
trouble he has been in and  it  was  truly  life  altering.   He  has
changed so much and in so many ways from that person years ago.

In support of his appeal, the applicant  provided  several  character
references dated in  1992,  and  copies  of  his  airman  performance
reports.

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

__________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  10  Oct  86,  for  a
period of four years in the grade of airman basic.  His highest grade
held was sergeant.  He received seven performance reports  reflecting
overall ratings of (oldest to latest):  9, 9, 9, 9, (max  being  “9”)
4, 4, and 4, (max being “5”).

On 8 May 92, applicant received an Article 15  for  wrongful  use  of
marijuana between about 1 May 90 and 27 Feb 92.  Punishment consisted
of reduction in grade to airman first class and forfeiture of $120.00
pay per month for two months.

On 17 Jun 92, the squadron commander notified the applicant  that  he
was recommending he be discharged from the Air Force for drug  abuse.
The commander recommended the applicant receive  an  under  honorable
conditions (general) discharge based on the fact between  May  90  to
Feb 92, on several occasions applicant used marijuana.

On 22 Jul 92, applicant acknowledged receipt of the  notification  of
discharge and, after consulting with counsel, submitted statements in
his own behalf.

The Chief, General Law Division reviewed the case file and  found  it
legally sufficient to support  discharge  and  recommended  an  under
honorable  conditions  (general)  discharge  without  probation   and
rehabilitation.  The discharge authority approved the separation  and
directed an under honorable conditions  (general)  discharge  without
probation and rehabilitation.

Applicant was discharged on 12 Aug 92, in the grade of  airman  first
class, under the provisions of AFR 39-10, by reason of  misconduct  –
drug abuse, with service characterized as  general  (under  honorable
conditions).  He served on active duty for a period of  5  years,  10
months, and 3 days.

On 18 Aug 95, applicant applied to the  Air  Force  Discharge  Review
Board (AFDRB) requesting his discharge be upgraded  to  an  honorable
discharge and that his reason for discharge be changed.  After review
of the evidence of record, the AFDRB concluded that the discharge was
consistent with the procedural and substantive  requirements  of  the
discharge regulation and was within the discretion of  the  discharge
authority and that the applicant was provided full administrative due
process.  The Board further concluded that there exists no  legal  or
equitable basis for upgrade of applicant’s discharge to honorable.  A
copy of the AFDRB findings is attached at Exhibit C.

Pursuant to the request of the Board on 18 May 06, the Federal Bureau
of Investigation, Clarksburg, WV, indicated on 8 June 2006, that,  on
the basis of data furnished, they are  unable  to  locate  an  arrest
record (Exhibit D).

__________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied,  and  states,  in
part, based on the documentation on  file  in  the  master  personnel
records,  the  discharge  was  consistent  with  the  procedural  and
substantive requirements of the discharge regulation.  The  discharge
was within the discretion of the discharge authority.

The applicant did not submit any evidence or identify any  errors  or
injustices that occurred in the discharge processing.   Additionally,
the applicant provided no facts warranting a change to his  character
of service or reason for separation.

A complete copy of the Air Force evaluation is at Exhibit E.

__________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 May 06, a copy of the Air Force evaluation was forwarded to the
applicant for review and response within 30 days.  As of  this  date,
no response has been received by this office (Exhibit F).

On 19 Jun 06, the AFBCMR offered  the  applicant  an  opportunity  to
provide information pertaining to his activities  since  leaving  the
service.  As of this date, no response  has  been  received  by  this
office (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.  After  careful  review  of  the
available  records,  the  applicant’s  discharge  appears  to  be  in
compliance with the governing regulation and we find no  evidence  to
indicate that his separation from the Air  Force  was  inappropriate.
We find no evidence of error in this case  and  after  reviewing  the
documentation submitted in support of applicant’s appeal, we  do  not
believe he has suffered from an injustice.  Therefore, based  on  the
available evidence  of  record,  we  find  no  basis  upon  which  to
favorably consider his  request  for  upgrade  of  his  discharge  to
honorable.

4.  Notwithstanding the above, while we do  not  condone  applicant’s
behavior which led to his discharge, we recognize the adverse  impact
of the applicant’s narrative reason for discharge; and while  it  may
have been appropriate  at  the  time,  we  believe  it  would  be  an
injustice for the applicant to continue to suffer  its  effects.   We
see no evidence that he has  had  any  subsequent  involvement  of  a
derogatory nature since his separation from the Air Force, we believe
that corrective action is  appropriate  on  the  basis  of  clemency.
Accordingly, we recommend that his records be corrected to the extent
indicated below.

__________________________________________________________________



THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department  of  the  Air  Force
relating to APPLICANT, be  corrected  by  deleting  the  words  “drug
abuse” from Block 28 (Narrative Reason for Separation) on  his     DD
Form 214, Certificate of  Release  or  Discharge  from  Active  Duty,
issued on 12 August 1992.

__________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2006-01222 in Executive Session on 25 July 2006, under the provisions
of AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Elwood C. Lewis III, Member

All members voted  to  correct  the  records,  as  recommended.   The
following documentary evidence pertaining to Docket  Number       BC-
2006-01222 was considered:

    Exhibit A.  DD Form 149, dated 3 Apr 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFDRB Hearing Record.
    Exhibit D.  FBI Report of Investigation.
    Exhibit E.  Letter, AFPC/DPPRS, dated 21 Apr 06.
    Exhibit F.  Letter, SAF/MRBR, dated 12 May 06.
    Exhibit G.  Letter, AFBCMR, dated 19 Jun 06.




                                   JAMES W. RUSSELL, III
                                   Panel Chair





















AFBCMR BC-2006-01222





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:

            a.  The words “drug abuse” be deleted from Block 28 (Narrative
Reason for Separation) of his DD Form 214, Certificate of Release or
Discharge from Active Duty, issued on 12 August 1992.

            b.  On 12 August 1992, he was honorably discharged and
furnished an Honorable Discharge Certificate.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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

SUBJECT:  AFBCMR Application of [APPLICANT]

      After careful review of all the circumstances of this case, I
disagree with the AFBCMR panel’s decision to only partially grant the
applicant’s request by deleting the words “drug abuse” from the
applicant’s narrative reason for separation.  I believe that a further
degree of relief is warranted by granting the applicant’s request that
his general (under honorable conditions) discharge be upgraded to
honorable.

      Certainly I do not condone the behavior which led to the
applicant’s non-judicial punishment and subsequent discharge.  However,
the applicant’s duty performance was good to excellent prior to the
misconduct which led to his Article 15 and subsequent discharge.
Additionally, the applicant served honorably for over five years before
he committed the offenses which led to his separation.

      In view of the absence of any other derogatory information in his
record and the letters of character reference submitted in his behalf, it
appears the applicant has made a successful transition to civilian life.
Therefore, I believe that upgrading the applicant’s discharge to
honorable, based on clemency, would be appropriate in this case.
Accordingly, I direct the applicant’s discharge be upgraded to honorable.




                                  JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency