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AF | BCMR | CY2008 | BC-2007-00137
Original file (BC-2007-00137.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00137
                                             INDEX CODE:  110.00
                                             COUNSEL:  NOT INDICATED

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

He sought counsel through the Social  Actions  Drug  Rehabilitation  Program
for recreational use of marijuana in an attempt to resolve his problem,  and
as a result was subsequently discharged.  He has not used marijuana  or  any
other drug since he was discharged.

In support of the request, the applicant provided a copy of  a  Response  to
Recommendation for Discharge Memorandum, and a copy  of  his  DD  Form  214,
Report of Separation from the Armed Forces of the United States.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 24 Oct 79, for  a  period  of
four years, and served as an Electronic Intelligence Operations  Specialist.


On 24 Feb 84, applicant was notified of his commander's intent to  recommend
him for discharge for  drug  abuse,  under  the  provisions  of  AFR  39-10,
Administrative Separation of Airmen.

The commander stated the basis for the discharge  was  that  on  16 Feb  84,
during an interview with a Drug Abuse Control Counselor  at  Mental  Health,
he admitted to using marijuana at a rate  of  approximately  one-half  ounce
per month.

On 7 Mar 84, applicant was discharged in the grade of  senior  airman  (E-4)
for Misconduct – Drug Abuse, IAW AFR 39-10, paragraph 5—49c.  He  was  given
a general (under honorable conditions)  discharge  characterization,  and  a
reenlistment eligibility code of 2B, “Separated  with  a  General  or  UOTHC
Discharge”, which bars immediate reenlistment.   He  served  a  total  of  4
years, 4 months, and 14 days active duty service.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, indicated on 29 Jan 08,  that  on  the  basis  of  the  data
furnished they were unable to locate an arrest record.  (Exhibit C)

________________________________________________________________

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 an error or an  injustice.   We  find  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 applicant was not afforded all the rights  to  which  entitled  at  the
time of discharge.  We conclude, therefore, that the  discharge  proceedings
were proper and characterization of the discharge  was  appropriate  to  the
existing circumstances.

4.  We also find insufficient evidence to warrant a recommendation that  the
discharge be  upgraded  on  the  basis  of  clemency.   We  have  considered
applicant's overall quality of service, the events  which  precipitated  the
discharge and available evidence  related  to  post-service  activities  and
accomplishments.  Based on the evidence of record, we cannot  conclude  that
clemency is warranted.  Applicant has not  provided  sufficient  information
of post-service activities and accomplishments for us to  conclude  that  he
has overcome the behavioral  traits  which  caused  the  discharge.   Should
applicant  provide  statements  from  community  leaders  and  acquaintances
attesting to applicant's good character and reputation  and  other  evidence
of successful post-service rehabilitation, this Board  will  reconsider  his
case based on the new evidence.   We  cannot,  however,  recommend  approval
based on the current evidence of record.

________________________________________________________________

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-2006-02793
in Executive Session on 1 May 08, under the provisions of AFI 36-2603:

                       Mr. Mr. James W. Russell, III, Panel Chair
                       Ms. Jan Mulligan, Member
                       Mr. Kurt R. LaFrance, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Jan 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Response, dated 29 Jan 08




                                   JAMES W. RUSSELL, III
                                   Panel Chair

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