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AF | BCMR | CY2008 | BC-2008-00189
Original file (BC-2008-00189.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2008-00189
            INDEX CODE:  110.00
            COUNSEL: NONE
            HEARING DESIRED:  NO
_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

The positive urinalysis was not officially  certain.   He  was  never  given
substance abuse education or classes.

He is an upstanding person.

In support of his appeal, applicant submitted a copy of  his  AF  Form  909,
Airman Performance Report rendered for the period 29 Nov 86 through  28  Nov
87.

Applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 29 Nov  85  as  a  airman
basic for a period of four years.

On  28  Mar  88,  the  applicant’s  commander  notified  him  that  he   was
recommending his discharge from the Air  Force  for  Misconduct-drug  abuse.
The specific reason for the discharge action was his receipt, on  25 Mar  88
of an Article 15 for testing positive for marijuana, on about 1 Feb 88.

His commander advised him of his rights in this matter.

On 28 Mar 88, he acknowledged receipt of the notification of  discharge  and
after consulting with legal counsel waived his right  to  submit  statements
in his own behalf.

On 6 Apr 88, a legal review was conducted in which the staff judge  advocate
recommended  discharge  with  a  general  discharge  without  probation  and
rehabilitation.

On 14 Apr 88, the discharge authority  directed  discharge  with  a  general
discharge without probation and rehabilitation.

The applicant was discharged on 14 Apr 88.  He served a total of 2 years,  4
months and 16 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an Investigative Report, which is at Exhibit  C.   On  17
Mar 08, a copy of the FBI report was forwarded to the applicant  for  review
and comment within 30 days (Exhibit D).

On 17 Mar 08, a request  for  information  pertaining  to  his  post-service
activities was forwarded to the applicant for response within 30  days.   As
of this date, no response has been received by this office (Exhibit E).   In
response to the investigative report he submitted a letter from  his  father
stating that after his son was discharged he returned home a different  man,
psychotic and paranoid.  His son would not  get  help.   During  a  incident
with his son he had to call the police and was provided with two options  to
assist in getting his son some help.  One was to Baker Act him, which  means
his son, would go to a protective clinic for the night and be  looked  after
until he calmed down.  The second option was to have his  son  arrested  for
assault and he would have to appear before a judge and the judge would  make
the determination to send him to a mental hospital.  His  son  was  arrested
and appeared before the judge.  The  judge  requested  his  son  voluntarily
place himself in a mental health center.  His  son  has  received  treatment
and medication from the VA on a regular  basis.   He  is  doing  fine.   His
father believes his son's discharge has been worked for and earned  (Exhibit
F).

_________________________________________________________________

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, we  find  no
evidence  of  an  error  or  injustice  that  occurred  in   the   discharge
processing.  Based on the available  evidence  of  record,  it  appears  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.  Therefore, in the absence of evidence to the contrary,  we  find
no compelling  basis  to  recommend  granting  the  relief  sought  in  this
application.

_________________________________________________________________

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 AFBCMR Docket Number  BC-2008-
00189 in Executive Session on 6 May 08 under the provisions of AFI 36-2603:

                       Ms. Kathleen F. Graham, Panel Chair
                       Mr. Vance E. Lineberger, Member
                       Mr. Don H. Kendrick, Member

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2008-00189 was considered:

      Exhibit A. DD Form 149, dated 12 Jan 07, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Investigative Report.
      Exhibit D. Letter, SAF/MRBC, dated 17 Mar 08.
      Exhibit E. Letter, SAF/MRBC, dated 17 Mar 08.
      Exhibit F. Applicant's Response, not dated, w/atchs.




                             KATHLEEN F. GRAHAM
                             Panel Chair

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