RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-02118
                                             INDEX CODE:  106.00
      XXXXXXXXXXXXXXXXXXXX        COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  2 January 2009


________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged from the Air Force for a  one-time  indiscretion  and  was
offered two ways to deal with it:  a reduction in  rank  and  completion  of
drug rehabilitation, or a discharge for misconduct – drug abuse.  He had  no
representation and did not  want  to  go  through  drug  rehabilitation  for
something that happened just once, so he chose  an  early  discharge.   This
has bothered him since it happened, and with no representation, he  did  not
know of any options.  He is currently under  treatment  with  mental  health
[sic] and the subject has bothered him for many years.

During the last year or so of his  enlistment,  events  occurred  that  were
very hard on him.  He was involved in a car accident that damaged  his  head
badly, and he went right to work with only one lost day.  His wife left  him
and took his two children, and called him and said if he did  not  come  and
get his children, she would give them up for adoption.  He  got  money  from
the Red Cross and flew to Washington and brought them home with  him.   Even
with help from people at the college, he couldn’t  do  [sic]  and  wound  up
having them adopted by a family in Michigan.  He  promised  not  to  contact
them, and went into a deep depression  for  which  he  is  still  undergoing
treatment.

He was at a volley-ball party and was offered marijuana which he tried  one-
time, didn’t like, and never did again; however, he tested  positive  during
random urinalysis testing and was never given a chance to explain.

He was very good at his job,  was  deployed  to  Ellsworth  AFB  for  Global
Shield and won an award, worked very hard, and all of  his  appraisals  were
good.  Even with his illness, he is still very patriotic  and  has  a  great
attitude for the military.  He would like  an  honorable  discharge  he  can
frame and  be  proud  of.   He  was  honest,  patriotic,  hard-working,  and
honestly believes he was an asset to the Air Force.  He asks  that  this  be
considered carefully as he has very little in life.

Applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 29 July 1980, and  served
as a graphics specialist until his discharge.

On 9 January 1984, the applicant was notified of his commander's  intent  to
recommend him for a general discharge for misconduct – drug abuse.

The commander stated the  following  reasons  for  the  proposed  discharge:



        a. On 21 December 1981, the applicant  failed  to  go  at  the  time
           prescribed to his appointed place of duty for which  he  received
           an Article 15.  Punishment consisted of a reduction to the  grade
           of airman (E-2), suspended until 1 July 1982, and  forfeiture  of
           $100.00

        b. On 17  June  1983,  the  applicant  failed  to  meet  established
           dormitory standards for which he received a Letter  of  Reprimand
           (LOR), dated 17 June 1983

        c. On  8  July  1983,  the  applicant  failed  to  meet  established
           dormitory standards for which he received an LOR,  dated  8  July
           1983, with UIF entry

        d. Between 2 and 8 November  1983,  the  applicant  wrongfully  used
           marijuana for  which  he  received  an  Article  15.   Punishment
           consisted of a reduction to the grade of airman first  class  (E-
           3), and forfeiture of $50.00, suspended until 21 June 1984

        e. On 22 December 1983, the applicant  failed  to  go  at  the  time
           prescribed to his appointed place of duty for which  he  received
           an LOR, dated 16 January 1984

The commander advised the applicant of his right to  consult  legal  counsel
and submit statements in his own behalf, and  that  his  failure  to  do  so
would constitute a waiver of his right to do so.

On 11 January 1984, after consulting with counsel, the applicant waived  his
right to submit statements in his own behalf.

A legal review was conducted on 23 January 1984, in which  the  staff  judge
advocate noted  that  the  applicant’s  misconduct,  particularly  his  drug
abuse,  constituted  significant  negative  aspects  of  his  conduct  which
clearly outweighed any positive aspects of his military record, and  that  a
general discharge was therefore appropriate.   He  recommended  that  he  be
separated without probation and  rehabilitation,  and  furnished  a  general
discharge certificate.

A resume of the applicant's performance reports follows:

      PERIOD ENDING                     OVERALL EVALUATION

       8 Jan 1984                       7
      19 Jun 1983                       8
      19 Jun 1982                       9
      28 Jul 1981                       9 (firewall)

The applicant’s records indicate he  is  entitled  to  wear  the  Air  Force
Training Ribbon.

On 30 January 1984, the applicant was discharged  in  the  grade  of  airman
first class (E-3) under the provisions of AFR 39-10,  paragraph  5-49c,  for
commission of a serious offense  –  drug  abuse,  with  an  under  honorable
conditions (general) service characterization.   He  served  a  total  of  3
years, 6 months, and 1 day of net active service

Pursuant to the Board’s request, the Federal Bureau of Investigation  (FBI),
Clarksburg, WV, provided a copy of  an  Investigation  Report  which  is  at
Exhibit C.  On 17 August 2007, a copy of the FBI  report  was  forwarded  to
the applicant for review and comment within 30 days, and his response is  at
Exhibit E.

On 17 August 2007, a request for post-service information was  forwarded  to
the applicant for response within 30 days.  In response to our  request,  he
provided post-service information which is attached at Exhibit E.

At the time of  the  applicant’s  discharge,  the  service  characterization
received was appropriate under the provisions of the  governing  regulations
in effect at the time.  Attached at Exhibit F, is an excerpt  from  AFI  36-
3208, Administrative Separation of Airmen, which shows the current  criteria
for   determining   the   characterization   of   service   under    similar
circumstances.   Additionally,  notwithstanding  the  absence  of  error  or
injustice, the Board has the prerogative to grant relief  on  the  basis  of
clemency if so inclined.

Although his application indicates he furnished “records or
documents pertaining to his mental conditions”, they were not  contained  in
the application submitted.

________________________________________________________________

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,  although
the Board is sympathetic to the events he states caused his separation, we
find no evidence of an error or injustice that occurred in  the  discharge
processing.  The applicant’s contentions are noted; however, a  review  of
his record indicates that he consulted with counsel prior to  waiving  his
right to submit statements in his behalf during the discharge  processing.
Based on the available evidence of record, it appears that  the  discharge
was  consistent  with  the  substantive  requirements  of  the   discharge
regulation  and  within  the  commander’s  discretionary  authority.   The
applicant has provided no evidence which would  lead  us  to  believe  the
characterization of the service was contrary  to  the  provisions  of  the
governing regulation, unduly harsh, or disproportionate  to  the  offenses
committed, given his multiple  incidents  of  misconduct.   We  considered
upgrading  the  discharge  based  on  clemency;  however,  his   continued
involvement with controlled substances as evidenced by  the  attached  FBI
report does not convince us that he has  overcome  the  behavioral  traits
which caused the discharge, and, we do not find the evidence presented  is
sufficient to compel us to recommend granting the relief  sought  on  that
basis.  Therefore, in the absence of evidence to the contrary, we find  no
basis upon which to recommend granting the relief sought.

________________________________________________________________

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-2007-02118
in Executive Session on 17 October 2007, under the  provisions  of  AFI  36-
2603:

                       Mr. Michael J. Novel, Panel Chair
                       Mr. Reginald P. Howard, Member
                       Ms. Teri G. Spoutz, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Jun 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  USDOJ, FBI Report, dated 24 Jul 07.
    Exhibit D.  Letter, AFBCMR, dated 17 Aug 07, w/atchs.
    Exhibit E.  Letter, Applicant, undated, w/atchs.
    Exhibit F.  AFI 36-3208 Extracts, dated 9 Jul 04.




                                   MICHAEL J. NOVEL
                                   Panel Chair