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AF | BCMR | CY1999 | 9900896
Original file (9900896.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00896
            INDEX CODE:  A60.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her general discharge be upgraded to honorable.

Her narrative reason for discharge be changed  to  “Time  Served,”  or
something other than “Misconduct.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

All of her service time was  honorable.   There  was  no  evidence  of
misconduct.  She received the Air Force Good Conduct Medal (AFGCM) and
the Air Force Achievement Medal (AFAM) and was allowed to reenlist.

In support of her appeal, the applicant  provided  extracts  from  her
military personnel records.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 7 Jun 90 in  the  grade
of airman basic for a period of 4 years.  On 1 Jul 93, she  reenlisted
for a period of four years.  Prior to the events under review, she was
progressively promoted to the grade of senior airman.

Applicant’s Enlisted Performance Report (EPR) profile follows:

      PERIOD ENDING     EVALUATION

       6 Feb 92        4
       6 Feb 93        3
       6 Feb 94        3

An Air Force  Office  of  Special  Investigations  (AFOSI)  Report  of
Investigation, dated 28 Jun  94,  indicated  that  the  applicant  was
investigated by  the  AFOSI  for  possession  and  use  of  controlled
substances (hashish and marijuana).  She was interviewed by the  AFOSI
on 21 Jun 94.  After  being  advised  of  her  rights,  the  applicant
provided a signed, sworn statement wherein she  outlined  her  use  of
hashish at Rhein Main Air Base, Germany in Jul 93.  She also  admitted
using marijuana at a concert  in  1990  or  1991  while  stationed  in
California.

On 17 Nov 94, the applicant’s squadron section commander notified  her
that she was recommending the applicant be discharged for drug  abuse.
The applicant was advised of her rights  in  the  matter  and  that  a
general discharge would be recommended.

In a legal review of the discharge case file, the Staff Judge Advocate
recommended that the  discharge  authority  direct  the  applicant  be
discharged with a general discharge.

On 8 Dec 94, the discharge authority approved the discharge action and
directed that the applicant be furnished a general discharge.

On 9 Dec 94, the applicant was discharged under the provisions of  AFI
36-3208 (Misconduct) and  furnished  a  general  discharge.   She  had
served 4 years, 6 months and 3 days on active duty.

On 12 Nov 98, the Air Force Discharge Review Board (AFDRB)  considered
and  denied  the  applicant’s  request  for  upgrade  of  her  general
discharge  to  honorable  and  change  of  her  narrative  reason  for
separation.

_________________________________________________________________

AIR FORCE EVALUATION:

The Separations Branch,  AFPC/DPPRS,  reviewed  this  application  and
recommended denial.  According to DPPRS, the discharge was  consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation.   Additionally,  the  discharge  was  within   the   sound
discretion of the discharge authority.   The  applicant  was  provided
full and administrative due process  and  the  records  indicated  her
military service was reviewed and appropriate action  was  taken.   In
the opinion of DPPRS, the applicant did not submit any new evidence or
identify any errors or  injustices  that  occurred  in  the  discharge
processing.  The applicant provided no facts warranting an upgrade  of
the discharge  she  received  or  a  change  in  the  reason  for  her
separation.

A complete copy of the DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 2 Aug
99 for review and response.  As of this date,  no  response  has  been
received by this office (Exhibit D).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice.  The evidence of  record
indicates that the applicant was discharged  for  misconduct,  with  a
general characterization of service.  There is no  indication  in  the
evidence provided that  the  applicant’s  discharge  was  improper  or
contrary to the provisions of the Air Force Instruction under which it
was  effected.   Therefore,  in  the  absence  of  evidence  that  the
applicant's substantial rights were  violated,  that  the  information
contained in the discharge  case  file  was  erroneous,  or  that  her
superiors abused their discretionary authority, we find  no  basis  to
act favorably on the applicant’s request for upgrade  of  her  general
discharge to honorable.

_________________________________________________________________

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 2 Dec 99, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Clarence D. Long III, Member
      Mr. Patrick R. Wheeler, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Mar 99, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 29 Jun 99.
    Exhibit D.  Letter, SAF/MIBR, dated 2 Aug 99.




                                   RICHARD A. PETERSON
                                   Panel Chair

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