RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-00225
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

He had no idea about the effects of drug addiction, neither did the
Air Force at that time.  He was discharged without  being  provided
any type of intervention or a determination whether his problem was
of a mental or physical nature.  He allowed the drugs to become the
dominant factor in his life and was smoking marijuana, resulting in
the use of other drugs after his discharge.

He should have been given pre-separation counseling  prior  to  his
discharge; however, because of his record he  was  hustled  out  as
quickly as possible.  He does not believe the  Air  Force  properly
identified or tried to understand his situation.

Today, he has a better understanding of the  disease  of  addiction
and has turned his life around.

In  support  of  his  appeal,  the  applicant  submits  a  personal
statement and several letters of character reference.

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

___________________________________________________________________

STATEMENT OF FACTS:

The applicant reenlisted in the Regular Air Force on 2 Jul 82 for a
period of four years.

On 20 May 85, he  received  an  Article  15  for  being  drunk  and
disorderly.  For this offense, he received a suspended reduction in
grade to airman first class until 3 Dec 85, forfeiture  of  $250.00
per month for two months  and  39  days  of  correctional  custody.
On 21 Sep 85,  the  applicant  was  disorderly  and  the  suspended
reduction to the grade of airman  first  class  from  the  previous
Article 15 was vacated.  On 16 Dec 85, he received  an  Article  15
for drug abuse and was reduced to the rank of airman basic.

On 30 Dec 85, the squadron  commander  notified  the  applicant  of
administrative discharge action for a pattern of  misconduct.   The
specific  reasons  for  the  proposed  action  were  based  on  the
incidents cited above.

After consulting with counsel, he submitted a conditional waiver of
his  rights  associated  with  an  administrative  discharge  board
hearing contingent on  his  receipt  of  no  less  than  a  general
discharge.   The  conditional  waiver  was  disapproved   and   the
applicant elected to have  his  case  heard  by  an  administrative
discharge board  (ADB).   The  ADB  recommended  the  applicant  be
separated  with  a  general  discharge,   without   probation   and
rehabilitation (P&R).  The staff judge advocate  reviewed  the  ADB
proceedings and found them legally sufficient and  recommended  the
applicant receive a general discharge without P&R.  On  5  Mar  86,
the discharge authority approved the general discharge without P&R.


On 6 Mar 86, the applicant was discharged under the  provisions  of
AFR 39-10, by reason of  misconduct  –  drug  abuse,  with  service
characterized as general  (under  honorable  conditions).   He  was
credited with nine years, six months, and one day  of  active  duty
service.

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, West Virginia, provided an investigative
report which is attached at Exhibit C.

On 21 Apr 09, a copy  of  the  FBI  report  was  forwarded  to  the
applicant for comment.  At  that  time,  he  was  also  invited  to
provide additional evidence  pertaining  to  his  activities  since
leaving the service (Exhibit D).

In his statement, the applicant believes he is now ready to  pursue
goals in the medical profession and would like to someday become  a
child psychiatrist.  He has been working as a mental health therapy
aide for over the past three years.

Up until age 50, his past speaks for itself.  He had no guidance or
direction, continuing to make bad decisions one  after  the  other.
It was not until he confronted his alcohol and drug  addiction  did
he realize that life had meaning and purpose.  Today, with the help
of Narcotics Anonymous, his church and the court system, he  has  a
better perspective on his life.  Without the  struggles  that  he’s
been through, he  would  not  have  been  able  to  help  the  many
patients, relatives, and co-workers he has come in contact with.

The  applicant’s  complete  response,  with  attachments,   is   at
Exhibit E.

___________________________________________________________________

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 during the discharge  process.   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 his service was contrary to the  provisions  of
the governing regulation, unduly harsh, or disproportionate to  the
offenses committed.  We note  the  applicant  provided  a  personal
statement and letters of character  reference  in  support  of  his
appeal to have his discharge upgraded based on  clemency;  however,
considering his overall record of service, the seriousness  of  the
offenses which  led  to  his  discharge,  and  the  FBI  Report  of
Investigation,  we  are  not  persuaded  that  an  upgrade  of  the
characterization of his discharge is warranted.  Therefore, in  the
absence of evidence to the contrary, we find no basis upon which to
recommend granting the requested relief.

4.  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  issue   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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-2009-00225 in Executive Session  on  11  June  2009,  under  the
provisions of AFI 36-2603:

      Mr. Wayne R. Gracie, Panel Chair
      Ms. Patricia R. Collins, Member
      Mr. Kurt R. LaFrance, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Feb 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFBCMR, dated 21 Apr 09.
    Exhibit E.  Letter, Applicant, undated, w/atchs.




                                   WAYNE R. GRACIE
                                   Panel Chair