RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01861
            INDEX CODE:  110.02
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Dec 15, 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His discharge is based on one isolated incident in  114  months  of  service
with no other adverse actions.

His discharge was a result of him going forward to his  commander  to  avert
any potential security impact.

His  records  clearly  show  an  otherwise  excellent  record  of   conduct,
including Good Conduct Medals.

There have been no other involvements with illegal  activities,  charges  or
incidents in 20  years  since  discharge,  with  the  exception  of  traffic
tickets.

His  characterization  has  negatively  impacted  employment  efforts  since
discharge with state and federal agencies.

In support of his request, the applicant provided a  statement  in  his  own
behalf and a copy of his DD Form 214, Certificate of  Release  or  Discharge
from Active Duty.

The applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty Air Force on 13 May 77.

A resume of the applicant’s performance reports follows:

      CLOSE-OUT DATE         OVERALL RATING

        22 May 78                 9
      CLOSE-OUT DATE         OVERALL RATING

        21 Dec 78                 9
        21 Dec 79                 9
        21 Dec 80                 9
         7 Jul 82                 9
         9 Feb 83                 9
         9 Feb 84                 9
        16 Jul 84                 9
         3 Jul 85                 9
         7 May 86                 8

The applicant’s military personnel records indicate that on  7  May  86,  he
admitted to his commander he had used marijuana about three weeks  prior  to
reporting it  and  that  he  had  used  marijuana  experimentally  on  other
occasions five or six years prior. The applicant’s commander  read  him  his
rights and requested a urinalysis. The applicant voluntarily consented to  a
urinalysis, which resulted in negative results for marijuana and cocaine.

On 13 May 86, the applicant received an Article 15, Nonjudicial  Punishment,
for wrongful use of marijuana.   He  was  reduced  to  the  grade  of  staff
sergeant and ordered to forfeit $559.00 per month for two months.

On 23 Jul 86, the applicant was notified of pending discharge actions.

On 25 Jul 86, the applicant submitted statements in his own behalf.

On  28  Jul  86,  the  applicant  submitted  a  conditional  waiver  request
contingent upon the receipt of no less than a general discharge.

On 12 Aug 86, the commander approved the applicant’s conditional waiver  and
directed the applicant receive a general  discharge  without  probation  and
rehabilitation.

The applicant was discharged on 15 Aug 86 with a general  discharge  with  a
total of 9 years, 3 months, and 3 days of active federal service.

Pursuant to the Board’s request, the Federal Bureau of Investigation  (FBI),
Clarksburg,  West  Virginia,  was  unable  to  identify  an  arrest   record
pertaining to the applicant (Exhibit C).

_________________________________________________________________




AIR FORCE EVALUATION:

None.  The applicant has not shown the  characterization  of  his  discharge
was contrary to the provisions of AFR 39-10, Separation of Airmen,  (extract
copy of applicable portion attached as Exhibit D).  Nor  has  he  shown  the
nature of  the  discharge  was  unduly  harsh  or  disproportionate  to  the
offenses committed.   At the time of the applicant’s discharge,  AFR  39-10,
Chapter  5,  Section  H,  paragraph  5-49c,  stated  that,  “airmen  may  be
discharged for misconduct based on drug abuse that is  in  the  introduction
on a military installation, of, the illegal, wrongful, or improper  use  of,
or the  possession,  sale,  or  transfer  of,  any  narcotic  substance,  as
established by  U.S.C.  812.”   Notwithstanding  the  absence  of  error  or
injustice, the Board has the prerogative to grant relief  on  the  basis  of
clemency if so inclined.

_________________________________________________________________

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,  the
applicant did not submit any evidence or identify any  errors  or  injustice
that occurred in the discharge processing.  He provided no facts  warranting
a change to his general (under honorable conditions)  discharge.   Based  on
the documentation on  file  in  the  master  personnel  records  (MPR),  the
discharge was consistent with the substantive requirements of the  discharge
regulation.  Therefore, in the absence of 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  Docket  Number  BC-2007-01861
in Executive Session on 19 July 2007, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Teri G. Spoutz, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/Atchs, dated 9 Jun 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Negative FBI Report, dated 20 Jun 07.
    Exhibit D.  Extract, AFR 39-10, dated 1 Oct 84.




                                   Michael K. Gallogly
                                   Panel Chair