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AF | BCMR | CY2008 | BC-1998-03335-2
Original file (BC-1998-03335-2.doc) Auto-classification: Approved

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-1998-03335
            INDEX CODE:  110.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

STATEMENT OF FACTS:

A similar appeal was considered and denied by the  Board  on  26  May  1999.
For  an  accounting  of  the  facts  and   circumstances   surrounding   the
applicant’s appeal, and, the  rationale  of  the  earlier  decision  by  the
Board, see the Record of Proceedings at Exhibit E.

In a DD Form 293, Application For The Review Of  Discharge  From  The  Armed
Forces Of  The  United  States,  dated  16  September  2007,  the  applicant
requests reconsideration.  He states that he is a  person  who  has  made  a
mistake that is not reflective of  his  conduct.   He  strives  everyday  to
better himself and help to promote the well being of others.  He is  a  case
manager  for  the  chronically  mentally  ill.   His  main   objective   for
addressing this issue is to be able to put what happened behind him  and  to
fully move  on  with  his  life  both  professionally  and  personally.   He
received a Bachelor's degree in Business Management and in October 2006,  he
received a degree in Health Care Management.  He has worked  in  the  health
care industry for the last ten years.  The applicant’s complete  submission,
with attachments, is at Exhibit F.

The  applicant's  military  personnel   records   were   unavailable.    The
documentation provided by the applicant reflects  he  enlisted  in  the  Air
Force Reserve on 4 January 1994.

On 3 March 1996, the applicant was notified by his commander of  his  intent
to recommend that he be discharged from the  Air  Force  Reserve  under  the
provisions of AFI 36-3209, chapter 3, paragraphs  3.21  and  3.21.3.2.   The
specific reason for this action was a message confirming his  positive  test
for the presence of  a  drug  (marijuana)  in  a  urinalysis  test  that  he
consented to on 3 February 1996 after being advised that  he  was  suspected
of possession of a controlled  substance/marijuana  (Article  #112A,  UCMJ).
He was advised of his rights in this matter and acknowledged receipt of  the
notification on that same date.

The applicant was discharged on 21 May 1997.  He served 3  years,  4  months
and 18 days on active duty.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, indicated that they were unable  to  identify  an
arrest record on the basis of the information furnished (Exhibit G).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After  reconsideration  of  the  applicant’s  appeal  and   the   additional
documentation provided, the majority of the  Board  believes  it  is  likely
that the applicant has overcome the  behavioral  traits  which  led  to  the
discharge action and that he has led a stable and productive life since  the
separation.  The majority of the Board recognizes the adverse impact of  the
discharge the applicant received; and, while it may  have  been  appropriate
at the time, believes it would be  an  injustice  for  him  to  continue  to
suffer its effects.  Accordingly, the  majority  of  the  Board  finds  that
corrective action is appropriate on the basis  of  clemency  and  recommends
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 21 May  1997,  he  was  honorably
discharged and furnished an Honorable Discharge certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-1998-
03335 in Executive Session on 16 July 2008, under the provisions of AFI 36-
2603:

                 Mr. Jay H. Jordan, Panel Chair
                 Mr. Steven A. Cantrell, Member
                 Mr. Kurt R. LaFrance, Member









By a majority vote, the Board voted to correct the records, as  recommended.
 Mr. LaFrance voted to deny the applicant’s request but does not  desire  to
submit  a  minority  report.   The  following   documentary   evidence   was
considered:

  Exhibit E. Record of Proceedings, dated 28 May 1999, w/Exhibits.
  Exhibit F. DD Form 293, dated 16 September 2007, w/atchs.
  Exhibit G. FBI Negative Reply, dated 12 June 2008.





                       JAY H. JORDAN
                       Panel Chair







AFBCMR BC-1998-03335




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 XXX, be corrected to show that on 21 May 1997, he was honorably
discharged and furnished an Honorable Discharge certificate.





      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency



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