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AF | BCMR | CY2008 | BC-2008-00498
Original file (BC-2008-00498.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2008-00498
            INDEX CODE:  110.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He never used drugs or marijuana.  He did not lie to the  Air  Force  Office
of Special Investigation (AFOSI) agents.   A  vengeful  informant,  who  was
caught up with his own wrongs, lied about him.

His military record will speak for itself.

The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 15 Apr 86, for  a  period  of
four years.  His highest grade held was airman first class.

On 26 Jan 89, the squadron commander notified  the  applicant  that  he  was
recommending he be discharged  from  the  Air  Force  for  commission  of  a
serious  offense  -  drug  abuse.   The  commander  recommended  a   general
discharge.  The reason for  the  proposed  action  was  on  20  Jan  89,  he
received an Article 15 for possession  and  use  of  marijuana.   Punishment
consisted of reduction to the grade of airman basic, 30 days of extra  duty,
and a suspended forfeiture of $394.00 pay per month for two months.

On 27  Jan  89,  applicant  acknowledged  receipt  of  the  notification  of
discharge and, after consulting with counsel, submitted a statement  in  his
own behalf.  The discharge authority approved the separation and directed  a
general discharge without probation and rehabilitation.  On  8  Mar  89,  he
received a general  discharge  for  misconduct-drug  abuse.   He  served  on
active duty for a period of 2 years, 10 months, and 24 days.

Pursuant to the Board’s  request  on  26  Feb  08,  the  Federal  Bureau  of
Investigation (FBI), Clarksburg,  West  Virginia,  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.  To date, a response has not been received.

_________________________________________________________________

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,  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.  We considered upgrading  the
discharge based on clemency; however, we do not find the evidence  presented
is sufficient to compel us to recommend granting the relief sought  on  that
basis.  Therefore, in the absence of evidence to the contrary,  we  find  no
basis upon which to recommend granting the relief sought.

_________________________________________________________________

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-2008-
00498 in Executive Session on 7 May 08, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Lea Gallogly, Member
      Ms. Glenda H. Scheiner, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2008-
00498 was considered:

    Exhibit A.  DD Form 149, 28 Jan 08, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFBCMR, dated 17 Mar 08.




                                             THOMAS S. MARKIEWICZ
                                             Chair


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