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AF | BCMR | CY2000 | 0001333
Original file (0001333.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                  DOCKET NUMBER: 00-01333
                                       INDEX CODE: 110.00
                                       COUNSEL:

                                       HEARING DESIRED: NO


APPLICANT REOUESTS THAT:

His general (under honorable conditions) be upgraded to honorable.


APPLICANT CONTENDS THAT:

He  had  been  treated  harshly  by  the  Air  Force   and   penalized   for
circumstances over which he had no control.  His  ignorance  and  choice  of
companions did not warrant a  discharge  for  Misconduct  Drug  Abuse  or  a
downgrade of an honorable discharge to a general discharge.

In support of his appeal the applicant  submits  a  personal  statement  and
several letters of recommendation (Exhibit A).


STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 11 Dec 81  for  a  period  of
four years. On or about 19 Feb 85 the applicant submitted a urine sample  in
a unit sweep. His sample proved  positive  for  marijuana.  The  applicant's
unit commander recommended he be honorably discharged without probation  and
rehabilitation. On 18 Apr 85 he was separated from the Air Force  under  the
provisions of  AFR  39-10  (Misconduct)  with  a  general  (under  honorable
conditions) discharge. The applicant was credited with  3  years,  4  months
and 8 days of active duty service.

In response to the Board's request for information, the  Federal  Bureau  of
Investigation  (FBI)  indicated  that,  on  the  basis  of  the  information
provided, they were unable to locate an  arrest  record  pertaining  to  the
applicant




AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed the case and recommended  denial.  DPPRS  states  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation at the time of the  applicant's  discharge  from
active duty. The discharge action that was taken was within  the  discretion
of  the  discharge  authority  and   the   applicant   was   provided   full
administrative due process. The records indicate that the member's  military
service was properly  reviewed  and  appropriate  action  was  taken.  DPPRS
indicates that the applicant did not submit any new evidence,  identify  any
errors in the discharge process, nor provide facts that warrant  an  upgrade
of his discharge. Accordingly DPPRS recommends his records remain  unchanged
and his request be denied.

A complete copy of the advisory is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
for review and comment. On  behalf  of  the  applicant,  the  Department  of
Veterans  Affairs  (DVA)  indicated  that  the  letters  of   recommendation
submitted by the applicant should be considered as evidence  in  support  of
an upgrade. They  attest  to  the  applicant's  high  moral  character,  his
exceptional family values and his admirable work ethic.  The  applicant  has
consistently  denied  using  drugs  and  evidence  submitted  prior  to  his
discharge support his contention. To subject the applicant to the stigma  of
a discharge that states his service was general and  add  further  shame  by
noting misconduct-drug abuse is a travesty of justice.

A complete copy of the submission is at Exhibit E.


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. Insufficient relevant evidence has  been  presented  to  demonstrate  the
existence of probable error or injustice.  We  have  noted  the  applicant's
contentions and allegations concerning the urinalysis  testing.  Other  than
his own assertions, the applicant has provided no convincing  evidence  that
would lead us to believe that his urine sample was improperly  processed  or
that the determination that the sample contained THC at a  level  sufficient
to confirm it as  positive  was  erroneous.  It  is  our  opinion  that  the
punitive action taken against the applicant was warranted and in  compliance
with the Air Force's drug abuse policy that  was  in  effect  at  the  time.
Therefore, based on the available evidence of record, we find no basis  upon
which to favorably consider the requested relief.


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 October 24, 2000, under the provisions of AFI36-2603:

Ms. Patricia D. Vestal, Acting  Panel  Chair  Ms.  Barbara  J.  White-Olson,
Member Mr. Daniel F. Wenker, Member

The following documentary evidence was considered:

Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E.

DD Form 149, undated, w/atchs.
Applicant's Master Personnel Records.
Letter, AFPC/DPPRS, dated 15 Jun 00.
Letter, SAF/MIBR, dated 07 Jul 00.
Letter, DAV, dated 13 Jul 00, w/atchs.




                                       PATRICIA D. VESTAL
                                       Acting Panel Chair



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