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AF | BCMR | CY1998 | 9703136
Original file (9703136.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS AUG  1 9  

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  97-03136 

COUNSEL:  NONE 

HEARING DESIRED:  NO 

Applicant  requests  that  his  general  discharge  be  upgraded  to 
honorable.  Applicant's submission is at Exhibit A. 
The  Air  Force  Discharge  Review  Board  (AFDRB) considered  and 
denied  the  applicant's request  for  upgrade  of  his  discharge 
(Exhibit C).  The AFDRB Brief was forwarded to the applicant for 
review and response (Exhibit D). As of this date, no response has 
been received by this office. 

After  careful  consideration  of  applicant's  request  and  the 
available evidence of  record, we  find  insufficient evidence of 
error or injustice to warrant corrective action.  The evidence of 
record reflects that the applicant was discharged for misconduct, 
which  was  the  result  of  his  receipt  of  nonjudicial  punishment 
under Article 15 for wrongfully using marijuana.  No evidence has 
been  presented  which  would  lead  us  to  believe  that  the 
applicant's discharge was improper or contrary to the prevailing 
regulation.  While we noted that the applicant's urinalysis was 
negative, both  the applicant  and  several other  individuals who 
witnessed the incident admitted that he used marijuana.  In view 
of the above, and in the absence of evidence that the information 
used  as  a  basis  for  his  separation  was  erroneous,  that  his 
substantial rights were  violated, or  that  his  superiors abused 
their discretionary authority, we  find no basis  to disturb the 
existing record. 

Accordingly, applicant's request is denied. 

-- 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be  reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 

Members of the Board Ms. Patricia J. Zarodkiewicz, Mr. Kenneth L. 
Reinertson, and Ms. Olga M. Crerar considered this application on 

10  Mar  98  in  accordance  with  the  provisions  of  Air  Force 
Instruction 36-2603 and the governing statute,  10 U.S.C. 1552. 

PATRICIA J. 

Exhibits: 

A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  AFDRB Brief 
D.  SAF/MIBR Ltr Forwarding AFDRB Brief 



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