RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-03847
		INDEX CODE:  110.00
		
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

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

________________________________________________________________
_

APPLICANT CONTENDS THAT

In the past 28 years he has become a contributing member of 
society.  He is reformed and his behavior warrants a re-
evaluation with respect to his discharge. 

The applicant's complete submission is at Exhibit A.

________________________________________________________________
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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 18 Dec 78, for a 
period of four years in the grade of airman basic.  His highest 
grade held was airman.

On 12 Oct 79, applicant’s commander notified him that he was 
recommending that he be discharged from the Air Force for 
possession of marijuana and being disorderly on station.  The 
applicant received an Article 15, and was ordered to forfeit 
$200 and was reduced in rank to airman basic. 

On 19 Oct 79, applicant was interviewed by an evaluation 
officer, who found that the applicant was subject to discharge 
for misconduct, and recommended a general discharge, with 
probation and rehabilitation.  

On 23 Oct 79, the applicant, after seeking counsel, submitted a 
statement acknowledging abuse of marijuana, and denying the 
disorderly conduct incident.  He also stated his proficient duty 
performance supported an honorable discharge.

The Staff Judge Advocate reviewed the case file and found it 
legally sufficient to support discharge and recommended a 
general discharge without probation and rehabilitation.  The 
discharge authority approved the separation and directed a 
general discharge without probation and rehabilitation.

Applicant was discharged on 1 Nov 79, in the grade of airman 
basic, under the provisions of AFM 39-12, for Misconduct – Drug 
Abuse, and was issued a general discharge.  He served on active 
duty for a period of 10 months and 14 days.

Pursuant to the Board’s request on 27 Dec 07, the Federal Bureau 
of Investigation, Clarksburg, West Virginia, indicated on 28 Dec 
07, that, on the basis of the data furnished, they are unable to 
locate an arrest record (Exhibit C).

On 1 Feb 08, a request for post-service information was 
forwarded to the applicant for response within 30 days.  The 
applicant has a Bachelor’s degree in Computer Science.  He is 
currently pursuing his Master’s degree in Computer Science.  He 
attended several educational seminars and training classes 
including Microsoft Server 2003, SQL Server 2005, and Project 
Management.  He provided his employment history since leaving 
the military.  He is currently working as a Software Engineer.  
He is married and he enjoys spending time with his family.  He 
contributes to a couple of charities, Sunshine Ministries, 
Harris House, and the St. Louis Symphony Orchestra.  He provided 
names and phone numbers of three personal references.  

Applicant’s complete response is attached at Exhibit E.

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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 Board finds no impropriety in the characterization of 
applicant's discharge.  It appears that responsible officials 
applied appropriate standards in effecting the separation, and 
we do not find persuasive evidence that pertinent regulations 
were violated or that the applicant was not afforded all the 
rights to which he was entitled at the time of discharge.  The 
applicant has not shown the characterization of the discharge 
was contrary to the provisions of the governing regulation, nor 
has it been shown the nature of the discharge was unduly harsh 
or disproportionate to the offenses committed.  Considered 
alone, we conclude the discharge proceedings were proper and 
characterization of the discharge was appropriate to the 
existing circumstances.  

4.  Consideration of this Board, however, is not limited to the 
events which precipitated the discharge.  We have a 
Congressional mandate which permits consideration of other 
factors; e.g., applicant's background, the overall quality of 
service, and post-service activities and accomplishments.  
Further, we may base our decision on matters of equity and 
clemency rather than simply on whether rules and regulations 
which existed at the time were followed.  This is a much broader 
consideration than officials involved in the discharge were 
permitted, and our decision in no way discredits the validity of 
theirs.

5.  Taking into consideration the available post-service 
information, it appears likely that applicant has overcome the 
behavioral traits which led to the discharge action and has led 
a stable and productive life since the separation.  We recognize 
the adverse impact of the discharge the applicant received; 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.  Accordingly, we find that corrective action is 
appropriate on the basis of clemency and recommend the records 
be corrected as indicated below.  

_______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that on 1 
November 1979, he was honorably discharged and furnished an 
Honorable Discharge certificate.

_______________________________________________________________

The following members of the Board considered Docket Number    
BC-2007-03847 in Executive Session on 19 Mar 08, under the 
provisions of AFI 36-2603:

	XXXXXXXXXXXXXXXX, Panel Chair
	XXXXXXXXXXXXXXXX, Member
	XXXXXXXXXXXXXXXXX, Member

All members voted to correct the records, as recommended.  The 
following documentary evidence pertaining to Docket Number     
BC-2007-03847 was considered:

    Exhibit A.  DD Form 149, 23 Nov 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Negative Reply, dated 28 Dec 07.
	Exhibit D.  Letter, AFBCMR, dated 1 Feb 08, w/atch.
    Exhibit E.  Letter, Applicant, undated.




				   XXXXXXXXXXXXXX
                                   Panel Chair



AFBCMR BC-2007-03847




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 on 1 November 1979, he was honorably discharged and 
furnished an Honorable Discharge certificate.





                                                                            XXXXXXXXXXXXX
                                                                            Director
                                                                            Air Force Review Boards Agency