RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03041
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Gas Chromatography/Mass Spectrometry was faulty at the time his
specimen was processed. After his first urine test he did not smoke
marijuana again. The Civil Liberties Union proved the capillary tube in
the test equipment was subject to contamination from prior samples. His
sample was contaminated by the marijuana from prior samples.
Applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 28 Sep 81, as an airman
basic for a period of six years.
On 23 Apr 84, the applicant’s commander notified him that he was
recommending his discharge from the Air Force for failure in Drug Abuse
Rehabilitation. The specific reasons for the discharge action were:
a. On 24 Jun 83, he was entered into the drug rehabilitation
program because his urine sample he submitted on 21 Apr 83 tested positive
for marijuana.
b. On 27 Jun 83, he was reprimanded for drug use.
c. On 20 Oct 83, he was placed on the follow-on support phase of
the drug rehabilitation program.
d. On 26 Oct 83, he submitted another urine sample which tested
positive for marijuana.
e. The random urine samples submitted on 11 Jan and 2 Feb 84
tested positive for marijuana.
The commander advised the applicant of his rights in this matter.
On 23 Apr 84, he waived his right to consult counsel and submit statements
in his own behalf.
On 18 May 84, the discharge authority directed the applicant be discharged
with a general discharge.
On 23 May 84, the applicant was discharged. He served a total of 2 years,
3 months and 15 days on active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation
provided an investigative report which is attached at Exhibit C. On 1 Nov
07, the Board staff forwarded the applicant a copy of the FBI report for
review and comment within 30 days and requested he provide documentation
pertaining to his activities since leaving military service (Exhibit D).
As of this date, no response has been received by this office (Exhibit E).
In a letter, dated 16 Nov 07, the applicant stated he ceased using drugs
after his first drug analysis. He decided his Air Force career was too
important to himself and his country to continue using drugs. Any positive
tests afterwards, had to be contaminated from prior samples.
_________________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD:
1. After careful consideration of applicant’s request and the available
evidence of record, we find the application untimely. Applicant did not
file within three years after the alleged error or injustice was discovered
as required by Title 10, United States Code, Section 1552 and Air Force
Instruction 36-2603. Applicant has not shown a plausible reason for the
delay in filing, and we are not persuaded that the record raises issues of
error or injustice which require resolution on the merits. Thus, we cannot
conclude it would be in the interest of justice to excuse applicant’s
failure to file in a timely manner and agree with the opinion and
recommendation of the Staff Judge Advocate, that the application should be
rejected as untimely.
2. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will materially
add to our understanding of the issues involved. Therefore, the request
for a hearing is not favorably considered.
_________________________________________________________________
DECISION OF THE BOARD:
The application was not timely filed and it would not be in the interest of
justice to waive the untimeliness. It is the decision of the Board,
therefore, to reject the application as untimely.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2007-
03041 in Executive Session on 10 Jan 08 under the provisions of AFI 36-
2603:
Mr. James W. Russell III, Panel Chair
Mr. Mark J. Novitski, Member
Mrs. Lea Gallogly, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Sep 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, SAF/MRBC, dated 1 Nov 07, w/atch.
Exhibit E. Letter, SAF/MRBC, dated 1 Nov 07, w/atch.
Exhibit F. Letter, Applicant, dated 16 Nov 07.
JAMES W. RUSSELL III
Panel Chair
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