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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