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AF | BCMR | CY2000 | 0000349
Original file (0000349.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-00349
            INDEX CODE: 110.00

      APPLICANT  COUNSEL:  None

      SSN   HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate office of the Air Force.   Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.

Pursuant to the Board’s request, the Federal Bureau of investigation,
Washington, D.C., indicated on the basis of the data furnished they
were unable to locate an arrest record (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

The  Separations  Branch,  Directorate  of  Personnel  Program   Mgmt,
AFPC/DPPRS, reviewed the application and  states  that  the  applicant
while serving as airman basic  was  discharged  for  misconduct  (drug
abuse) and received an under honorable conditions (general) discharge.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 11 April 2000, for review and response.  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 applicant’s involuntary 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.  Therefore,  we  conclude  that  the  discharge
proceedings were proper and  characterization  of  the  discharge  was
appropriate to the existing circumstances.

4.    Further, while the recommendation from the  Air  Force  is  duly
noted, based on the  applicant’s  serious  misconduct  involving  drug
abuse while on active duty, we find insufficient evidence  to  warrant
upgrading his discharge on the basis of clemency.  In  coming  to  our
decision, we considered applicant’s overall quality of service and the
events which precipitated his discharge.  However, regardless  of  his
apparent clean FBI  record  and  the  Air  Force’s  recommendation  to
upgrade the discharge, we do not find a compelling  basis  upon  which
clemency is warranted in this case.
_________________________________________________________________

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  on  17
May 2000 under the provisions of AFI 36-2603:

                 Mr. Douglas J. Heady, Panel Chair
                 Ms. Peggy E. Gordon, Member
                 Mr. Laurence M. Groner, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 8 February 2000, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report, dated 9 May 2000.
   Exhibit D.  Letter, AFPC/DPPRS, dated 11 April 2000.
   Exhibit E.  Letter, SAF/MIBR, dated 28 April 2000.





                                   DOUGLAS J.HEADY
                                   Panel Chair





AFBCMR 00-00349
Index Code:  110.00



MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating APPLICANT, SSN, be corrected to show that on 14 April
1982, he was honorably discharged and furnished an Honorable Discharge
certificate.







      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency

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