RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01455
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He knows he let the Air Force down but he has been clean and sober
for 18 years. He has strived to live a good, honest life and he
feels he is succeeding at this goal. He feels he has proven
himself to not only himself but his family, friends, and co-
workers. He does not have a police record and he has a good work
ethic. Clemency is warranted because it is an injustice for him
to continue to suffer the adverse consequences of a general
discharge.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force (RegAF) on 25 May
79 for a period of four years.
On 1 May 84, a urine sample was collected from the applicant and
he was identified as having a positive urine test for THC.
On 11 Jun 84, applicant was notified of his commander’s intent to
impose nonjudicial punishment upon him for wrongfully using
marijuana.
On 11 Jun 84, applicant waived his right to a trial by court-
martial, requested a personal appearance, and did not submit a
written presentation.
On 22 Jun 84, he was found guilty by his commander who imposed the
following punishment: Reduction from the grade of sergeant to the
grade of airman first class, ordered to forfeit $207 a month for
one month, and to perform four days of extra duty. Applicant did
not appeal the punishment.
On 11 Sep 84, applicant was notified that his commander was
recommending that he be discharged from the Air Force for drug
abuse. The reason for the commander’s action was applicant’s
positive urinalysis on 1 May 84. On 11 Sep 84, applicant
consulted counsel and waived his right to submit statements in his
behalf.
On 27 Sep 84, the applicant was discharged under the provisions of
AFR 39-10 (Misconduct - Drug Abuse) with a general discharge in
the grade of airman first class. He was credited with 5 years, 4
months, and 3 days of active service.
Pursuant to the Board’s request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, provided an
investigative report indicating that based on the information
furnished, they were unable to identify with an arrest record
(Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
The Assistant Noncommissioned Officer-in-Charge (NCOIC),
Separation Procedures Section, AFPC/DPPRS, reviewed this
application and indicated that based upon the documentation in the
file, 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 did not submit any new
evidence or identify any errors or injustices that occurred in the
discharge processing. Additionally, he provided no facts
warranting an upgrade of his discharge. Accordingly, DPPRS
recommends his records remain the same and his request be denied.
A complete copy of the Air Force evaluation is attached at
Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
29 Jun 01 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. Insufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice. After
careful consideration of the circumstances of this case and the
evidence provided by the applicant, we are not persuaded that the
discharge action was in error or unjust. His contentions are duly
noted; however, we do not find these assertions, in and by
themselves, sufficiently persuasive to override the rationale
provided by the Air Force. We therefore agree with the
recommendation of the Air Force and adopt the rationale expressed
as the basis for our decision that the applicant has failed to
sustain his burden that he has suffered either an error or an
injustice. Therefore, we find no compelling basis to recommend
granting the relief sought.
_________________________________________________________________
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 23 August 2001, under the provisions of Air
Force Instruction 36-2603:
Mr. Joseph A. Roj, Panel Chair
Ms. Olga M. Crerar, Member
Ms. Brenda L. Romine, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Apr 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Request, dated 12 Jul 01.
Exhibit D. Letter, AFPC/DPPRS, dated 15 Jun 01.
Exhibit E. Letter, AFBCMR, dated 29 Jun 01.
JOSEPH A. ROJ
Panel Chair
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