RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2008-01583
            INDEX CODE:  110.02
      xxxxxxxxxxx      COUNSEL:  None
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was addicted to marijuana for many years of his life.   He  was  a  young
man with many struggles in life.  He has completed and  graduated  from  the
Salvation Army Adult Rehabilitation Program.  His life is  getting  back  on
track and he has no further desire to use drugs or alcohol.

In support of his request, the applicant provides a  copy  of  his  DD  Form
214, Report of Separation from the Armed Forces of the United States  and  a
letter of endorsement from the Salvation Army Adult  Rehabilitation  Center.


The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 15 Jul 71, the applicant enlisted in the Regular Air Force in  the  grade
of airman basic for a period of four years.  He was  progressively  promoted
to the grade of airman first class, having assumed that grade effective  and
with a date of rank of 1 Feb 72.

On 23 Mar  72,  he  received  nonjudicial  punishment  for  larceny.     His
punishment consisted of a  reduction  to  the  grade  of  airman  (E-2)  and
forfeiture of $150 per month for two months.  The portion of his  punishment
which provided for reduction in grade was suspended until 20 Jun  72  unless
sooner vacated.

On 19 Apr 72, he received a vacation  of  suspension  as  a  result  of  his
wrongful possession of marijuana.

On 28 Apr 72, he received nonjudicial punishment for wrongful possession  of
marijuana.  His punishment consisted of a reduction to the  grade  of  basic
airman (E-1).

On 24 Aug 72, his commander notified him of his intent to recommend him  for
discharge under the provisions of AFM 39-12, with a  general  discharge  for
his continuous  use  of  marijuana  despite  counseling  and  rehabilitation
efforts and on the Deputy Surgeon's  recommendation  that  he  be  separated
with a diagnosis of drug abuser, marijuana type.  On 28 Sep  72,  the  staff
judge  advocate  found  the  discharge   action   legally   sufficient   and
recommended the applicant be separated  with  an  undesirable  discharge  in
view of the documented history of larceny and possession  of  a  significant
quantity of marijuana.  The discharge  authority  approved  the  commander’s
recommendation with the exception that the applicant be  separated  with  an
undesirable discharge.  He served one year, three months and  five  days  of
active duty.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, provided a copy of an  Investigative  Report,  which  is  at
Exhibit C.  On 18 Sep 08, a copy of the FBI  report  was  forwarded  to  the
applicant for review and comment within 30 days.   As  of  this  date,  this
office has received no response.

On 28 May 08, the applicant was given the  opportunity  to  submit  comments
about his post service activities (Exhibit D).  The applicant states he  has
been in and out of many detox  centers  until  he  went  to  St.  Petersburg
Salvation Army.  He has opened up to his counselors and has admitted to  his
wrongdoings.  He has struggled with  addiction  most  of  his  life  and  is
finally free and is asking for compassion to be shown for his past  actions.
 The applicant submits supporting letters and a character reference  letter.
 The applicant's complete letter, with attachments, is at 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.   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 this application in  Executive
Session on 5 Nov 08, under the provisions of AFI 36-2603:

            Ms. Charlene M. Bradley, Panel Chair
            Mr. Garry G. Sauner, Member
            Mrs. Lea Gallogly, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2008-
01583 was considered:

      Exhibit A.  DD Form 149, dated 15 Apr 08, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  FBI Investigative Report No. 624310K4,
                   dated 16 May 08.
      Exhibit D.  Letter, AFBCMR, dated 18 Sep 08.
     Exhibit E.  Letter, AFBCMR, dated 28 May 08.
      Exhibit F.  Applicant’s Letter, dated 26 Jun 08, w/atchs.




                       CHARLENE M. BRADLEY
                                        Panel Chair