RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-00022
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


______________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

The punishment (sentence of six weeks) did not reflect the seriousness
of the allegation in which he was accused.   He  was  not  allowed  to
appeal a sentence of less than a year.  Five OSI investigators assumed
he had more drugs in his room, but refused to investigate any further.
 He further states that until this incident,  he  had  five  years  of
exemplary service.  He is of the opinion that false charges were filed
and he was made a scape goat.  He would like these  charges  dismissed
from his record permanently.

In support of the appeal, applicant submits a  personal  statement,  a
copy of testimonies, a work history, and a college transcript.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 21 May 1975.

Applicant was convicted by special court martial of  possessing  three
bags containing some quantity of marijuana and selling marijuana on 22
February 1980 at Grand Forks AFB.  He was sentenced to confinement  at
hard labor for 2 months, to forfeit $180 per month for 2  months,  and
to be reduced to the grade of airman.

The applicant, while serving in the grade of  airman,  was  discharged
from the Air Force on 13 May 1981 under the provisions  of  AFM  39-12
(Misocnduct- Drug Abuse - Board), with an undesirable  discharge.   He
served 5 years, 11 months and 13 days total active service.

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).

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AIR FORCE EVALUATION:

The  Separation   Procedures   Manager,   AFPC/DPPRS,   reviewed   the
application and states that based upon the documentation in the  file,
they believe 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 and the character of service given was appropriate.  In this
case, the applicant provided no facts warranting  an  upgrade  of  the
discharge  he  received.   Therefore,   they   recommend   denial   of
applicant’s request.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 23 March 2001, a copy of the Air Force evaluation was forwarded  to
applicant for review and response within 30 days.  As of this date, no
response has been received by this office.

On 19 April 2001, a letter, with a copy of the  Information  Bulletin,
was sent to applicant requesting information to the AFBCMR  pertaining
to his activities since leaving the service.   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.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or  injustice.   After  reviewing  the
evidence of record, we are not persuaded that the applicant’s  records
are in error or that he has been the  victim  of  an  injustice.   His
contentions are noted; however, in our opinion, the detailed  comments
provided by the appropriate Air Force office adequately address  those
allegations.  Therefore, we agree with opinions and recommendation  of
the Air  Force  and  adopt  their  rationale  as  the  basis  for  the
conclusion that the applicant has not been the victim of an  error  or
injustice.  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.   In  the  absence  of
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought in 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 31 October 2001, under the provisions of AFI  36-
2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. Albert F. Lowas, Jr., Member
                 Mr. E. David Hoard, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 13 Feb 01, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 2 Mar 01.
      Exhibit E. Letter, AFBCMR, dated 23 Mar 01.
      Exhibit F. Letter, AFBCMR, dated 19 Apr 01, w/atch.




                             CHARLENE M. BRADLEY
                             Panel Chair