RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02681
                             INDEX CODE: 110.02
      XXXXXXX          COUNSEL:  NONE

                             HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  5 Mar 08

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APPLICANT REQUESTS THAT:

The narrative reason (Misconduct-Drug  Use)  for  his  1983  honorable
discharge be removed from his DD Form 214.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not released for drug abuse but was discharged  because  of  an
overage in his career field.  Therefore, the narrative portion  should
not mention misconduct or drug abuse.  He chose to be released because
of the overage but was penalized by the narrative.  The fact  that  he
received an Air Force Good Conduct Medal during this period should  be
considered.

In support of his request, applicant provided a copy of  his  DD  Form
214.  His complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted for four years in  the  Regular  Air  Force  on
21 Nov 80 and was assigned to Chanute AFB, IL, as a digital navigation
tactics training device specialist.  His performance reports reflected
overall ratings of 9, 9, and 7.

On 8 Oct 83, the applicant was arrested in Rantoul, IL, for disorderly
conduct. After being told by the owner of  an  establishment  to  stay
out, he apparently re-entered the premises and then attempted to  harm
the owner by striking him while being escorted from the premises. Bond
was posted and the  applicant  was  released  to  the  squadron  First
Sergeant.   He  was  transported  to  Chanute  AFB  Hospital  where  a
commander-directed  urinalysis  resulted  in  a  positive   test   for
Marijuana.

In Circuit Court of  the  6th  Judicial  Circuit  on  18 Oct  83,  the
applicant waived representation by counsel, pled guilty to the  charge
of disorderly conduct, and paid a $25 fine.

On 4 Nov 83, the applicant’s NCO status was vacated and his  commander
non-recommended him for  reenlistment  for  failure  to  maintain  the
responsibilities of an NCO as evidenced by the above incident.

On 18 Nov 83, the applicant was notified of his commander’s intent  to
recommend  an  honorable  discharge  for  misconduct/drug   abuse   as
evidenced by the 8 Oct 83 positive urinalysis  for  marijuana.   After
consulting counsel, the applicant requested  retention  and  submitted
documents for consideration. He asserted he had not used marijuana and
did not understand why his urinalysis was  positive.  Two  supervisors
provided supporting statements.  The commander  recommended  discharge
without probation and rehabilitation (P&R).

Legal review on 29 Nov 83 found the case  sufficient  and  recommended
honorable discharge without P&R.  The discharge authority approved the
applicant’s separation on  1 Dec  83.   The  applicant  was  honorably
discharged in the grade of senior airman after 3 years and 12 days  of
active service for Misconduct - Drug Abuse.

Pursuant to the Board's request, the Federal Bureau  of  Investigation
(FBI), Washington, D.C., provided an  investigative  report  which  is
attached at Exhibit C.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial because the discharge  was  consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation.   The  discharge  was  within  the  discharge  authority’s
discretion and the applicant has identified no error or injustice.

The complete HQ AFPC/DPPRS evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 13 Oct 06 for review and comment within 30 days  (Exhibit
E).  As of this date, this office has received no response.

A complete copy of the FBI Report was forwarded to the applicant on  1
Nov 06 for review and comment within 14 days (Exhibit F). As  of  this
date, this office has received no response.

_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, his military  personnel  records  clearly  show  he  was  not
discharged for an alleged overage in his career field but because of a
positive urinalysis for marijuana following his arrest for  disorderly
conduct on 8 Oct 83.   Further,  according  to  the  FBI  Report,  the
applicant was arrested in 1998 for domestic  battery.   The  applicant
has not established that the narrative reason for  his  discharge  was
erroneous or unjust, or that it should be removed or  changed  on  the
basis  of  clemency.   We  therefore  agree  with  the   opinion   and
recommendation of the Air Force office of primary  responsibility  and
adopt its rationale as the basis for our conclusion the applicant  has
not been the victim of an error  or  injustice.   In  the  absence  of
persuasive evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

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 28 November 2006 under the provisions of AFI  36-
2603:

                 Ms. Cathlynn B. Novel, Panel Chair
                 Ms. Judith B. Oliva, Member
                 Mr. Don H. Kendrick, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2006-02681 was considered:

   Exhibit A.  DD Form 149, dated 29 Aug 06, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 13 Sep 06.
   Exhibit E.  Letter, SAF/MRBR, dated 13 Oct 06.
   Exhibit F.  Letter, AFBCMR, dated 1 Nov 06.




                                   CATHLYNN B. NOVEL
                                   Panel Chair