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AF | BCMR | CY1999 | 9803010
Original file (9803010.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-03010
            INDEX CODE:  110.00

            COUNSEL:  DEPT OF VET AFFAIRS

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgrade to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is writing to formally apologize to the United States of America, and  to
the United States Air Force for his conduct which caused him  to  receive  a
discharge under the  heading  of  general/under  honorable  conditions.   He
states that he has lived with this regret for the past  14  years  and  wish
that it never happened.  He also states that  prior  to  this  incident  his
evaluations and proficiency  ratings  were  reported  as  good  and  he  was
intending to make the US Air Force his career.

In support of the appeal, applicant submits three character references,  and
a copy of his DD Form 214.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 4 March 19980, for  a  period
of 4 years.

On 15 April 1983,  applicant  received  an  Article  15  for  a  pattern  of
misconduct on or about 4 April 1983, with imposed  punishment  as  suspended
reduction in grade to airman  first  class,  30  days  correctional  custody
suspended for 15 days, and fined $100.00 for two months.  Vacated  remainder
of punishment on 22 August 1983 - reduced to airman first class and  ordered
to perform 15 days correctional custody.

On 7 September 1983, applicant received an Article 15 for wrongfully  having
in his possession, and using, some quantity  of  marijuana  on  or  about  4
August 1983, with imposed punishment as reduction in grade to  airman,  with
a new date of rank 7 September 1983, and ordered to forfeit $100.00.

On 16 September 1983, the applicant was  notified  that  his  commander  was
recommending him for a general  discharge  in  accordance  with  AFR  39-10,
Paragraph 5-47a - a Pattern of Misconduct.  Specifically, applicant  had  in
his possession and use marijuana and possession of drug  paraphernalia.   He
had disobeyed a lawful order and had failed to go.  He had also  received  a
parking ticket.  Applicant consulted counsel and waived his right to  submit
statements.  In his recommendation for discharge, the commander  cited  that
he did not recommend probation and rehabilitation.

On 30 September 1983, the discharge was approved by the discharge  authority
and on 3 October 1983, applicant was discharged, in the grade of airman  (E-
2), under honorable conditions (general).  He served 3 years and 7 months.

Pursuant to the Board's request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigative report which is attached at
Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

The Military  Personnel  Management  Specialist,  AFPC/DPPRS,  reviewed  the
application and states that there are no errors  or  irregularities  causing
an injustice to the applicant.  The discharge complies  with  directives  in
effect at the time of  his  discharge.   The  records  indicate  applicant’s
military service was reviewed and appropriate action was taken.

A complete copy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 January 1999,  a  complete  copy  of  the  Air  Force  evaluation  was
forwarded to the applicant/counsel for review and response within  30  days.
As of this date, no response has been received by this office.

_________________________________________________________________

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.     We  find  no  impropriety  in  the  characterization  of  applicant’s
discharge.   It  appears  that  responsible  officials  applied  appropriate
standards in effecting  the  separation,  and  we  do  not  find  persuasive
evidence that pertinent regulations were violated or that applicant was  not
afforded all the rights to which entitled at  the  time  of  discharge.   We
conclude,  therefore,  that  the  discharge  proceedings  were  proper   and
characterization  of  the  discharge  was  appropriate   to   the   existing
circumstances.

4.    We also find insufficient evidence to warrant  a  recommendation  that
the discharge be upgraded on the basis  of  clemency.   We  have  considered
applicant’s overall quality of service, the events  which  precipitated  the
discharge, and available evidence related  to  post-service  activities  and
accomplishments.  On balance, we do not believe that clemency is warranted.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 27 May 1999, under the provisions of AFI 36-2603:

            Mr. Douglas J. Heady, Panel Chair
            Dr. Gerald B. Kauvar, Member
            Ms. Peggy E. Gordon, Member
            Ms. Phyllis L. Spence, Examiner (without vote)

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 10 Nov 98, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 30 Dec 98.
      Exhibit E. Letter, AFBCMR, dated 18 Jan 99.




                             DOUGLAS J. HEADY
                             Panel Chair

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