*
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 98-01798
COUNSEL: NONE
HEARING DESIRED: NO
'tjT-c ' 4 1998
Applicant requests that his discharge be upgraded to honorable.
Applicant's submission is at Exhibit A.
The Air Fox
request on
application
(Exhibit C)
review and
Exhibit E.
-ce Discharge Review
2 2 January 1998.
was forwarded to thi
. The AFDRB brief
response (Exhibit
Board (AFDRB) denied applicant I s
In accordance with policy, the
.s Board for further consideration
was forwarded to applicant for
D). Applicant's response is at
After careful consideration of applicant's request and
available evidence of record, we find insufficient evidence
error or injustice to warrant corrective action. The facts
opinions stated in the AFDRB brief appear to be based on
evidence of record and have not been rebutted by applica
Absent persuasive evidence applicant was denied rights to wh
entitled, appropriate regulations were not followed,
appropriate standards were not applied, we find no basis
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.
the
of
and
the
nt.
ich
or
to
Members of the Board Ms. Charlene M. Bradley, Mr. Terry A.
Yonkers, and Ms. Peggy E. Gordon, considered this application on
1 6 December 1998, in accordance with the provisions of Air Force
Instruction 3 6 - 2 6 0 3 , and the governing statute, 10, U.S.C. 1552.
Exhibits :
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. AFDRB Brief
D.
E. Applicantis Response
AFBCMR Ltr Forwarding AFDRB Brief
DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES
?
I
MEMORANDUM FOR AlC
SUBJFET Notification Memorandum
1. I am recommending your discharge from the United States Air Force for Misconduct - Drug
Abuse. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.54. If my
recommendation is approved, your service could be characterized as honorable or general. I am
recommendingthatyourservicebecharactenzed
2. My reason for this action is as follows:
' asgeneral.
On 12 Jan 97, you provided a urine sample for drug testing purposes which tested
positive for marijuana (Atch 1). For this incident you received an Article 15, dated 11 Mar 97
(Atch 2).
3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising SPCM jurisdiction or higher authority
will decide whether you will be discharged or retained in the Air Force.
4. You have the right to consult counsel. Military legal counsel has been obtained to assist you
I have made an appointment for you to consult capt.'"c-',
Area Defense Counsel,
Building 31 12, Room lSS,-B,-
may consult civilian counsel at your own expew.
5. You have the right to submit statements in your own behalf. Any statements you want the
Separation authority to consider must reach me by (3 duty days) I 0 ow ? 7 , unless you
request and receive an extension for good cause shown. I will send them to the separation
authority.
/Y 0 0 A, s . You
on 13 m w 9 7 at
6. If you fail to consult counsel or to submit statements in your own behalf, your failure will
constitute a waiver of your right to do so.
up, Building 3349, at 0 8 0 0 on 13 * ??for the
examination. You must report to the Physical
7. Youhavebeensc
Exahination Sectio
examination.
8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 is available for your use in your orderly room.
9. Execute the attached acknowledgment and return it to me immediately.
I
#
c
Attachments:
1. DTpResultsdated13 Jan97
2. Article 15 dated 11 Mar97
DEPARTMENT OF THE AIR FORCE AIR EDUCATION AND TRAINING COMMAND MEMORANDUM FOR Amn m, F- FROM: 334 TRSlCCQ SUBJECT: Notification Memorandum f D P7--&--/7 26-Feb-9 7 .- 1 I, I am recommending your discharge from the United States Air Force for Unsatisfactory Duty Performance. (Atch 1, Appendix 6 ) c. On 24 Feb 97, you made a written statement requesting to be discharged from the Air Force. (Atch I, Appendix F) g. On 22 Nov 96, you failed Weather Equipment measurement scoring 63%,...
Accordingly, applicant's request is denied. (Atch 1-3) Copies of the documents to be forwarded to the separation authority in support of this recommendation are attached. Instead of the appointed counsel, you may have another, if the lawyer you request is in the active military service and is reasonably available as determined according to AFI 5 1-201.
The Air Force Discharge Review Board (AFDRB) denied applicant s request on 29 July 1998. (Atch 1-3) Copies of the documents to .be forwarded to the separation authority in support of this recommendation are attached. In addition to military counsel, you have the right to employ civilian counsel.
The Air Force Discharge Review Board (AFDRB) denied applicant s request on 29 July 1998. (Atch 1-3) Copies of the documents to .be forwarded to the separation authority in support of this recommendation are attached. In addition to military counsel, you have the right to employ civilian counsel.
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