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AF | BCMR | CY2001 | 0100018
Original file (0100018.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-00018
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He never sold drugs.  His record was clean.  He was set up by  another
soldier who set him up to save himself.  He wanted to fight to stay in
the military, but his lawyer said to take the  discharge.   The  drugs
were found in a coat belonging to R--- K--- he had left at  his  house
just minutes before his house was raided.  The drugs were  then  found
at his house.  He states he had 10 years of good service.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 22 February 1973.

The applicant’s master personnel record does not contain the discharge
case file for review.  However, based on the DD Form 214  (Certificate
of Release or Discharge from Active Duty) he served  ten  years  three
months and ten days.

On 31 May 1983, while serving in the grade of staff sergeant,  he  was
discharged under the provision of AFR 39-10, Request for Discharge  in
Lieu of Trial By Court-Martial, and separated with an under other than
honorable conditions discharge.

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

On 24 May  2001,  a  letter  was  forwarded  to  applicant  requesting
information pertaining to his activities since  leaving  the  service.
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 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.   Based  upon  the
presumption of regularity in the conduct of governmental  affairs  and
without evidence to the contrary, we must assume that the  applicant's
discharge was proper and in compliance with appropriate directives.

4.    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.

5.    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.   Therefore,  based  on  the  available
evidence of record, we find no basis upon which to favorably  consider
this application.

_________________________________________________________________

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 19 July 2001, under the  provisions  of  AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Vice Chair
                 Mr. Steven A. Shaw, Member
                 Ms. Barbara J. White-Olson, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 28 Dec 00, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, FBI Report.
      Exhibit D. Letter, AFBCMR, dated 24 May 01.




                             THOMAS S. MARKIEWICZ
                             Vice Chair



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