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AF | BCMR | CY2002 | 0101800
Original file (0101800.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01800
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge be upgraded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is not guilty of the charges for which he was  court-martialed  and
he has tried for 30 years to get  his  discharge  upgraded.   He  also
states that he has never seen the evidence that  the  Air  Force  said
belongs to him.  He further states that  the  investigation  that  was
being  conducted  was  not  aimed  at  him.   He  was  asked  to  give
information on other airmen which he  had  no  knowledge  of  and  was
therefore, threatened with long jail time.

Applicant's complete submission is attached 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.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM states that the record of trial  indicates  another  airman
provided a statement to the Air Force Office of Special Investigations
(AFOSI) implicating several airmen, including the  applicant,  in  the
wrongful use of marijuana.  Applicant was subsequently interviewed  by
AFOSI and confessed to using marijuana.  On 25 July 1967, he  provided
a sworn written statement to AFOSI stating he had  used  marijuana  on
two separate occasions in late May or early  June  1967  with  another
airman in his barracks at Laredo AFB, TX.  He consented to a search of
his dorm room.  During the search, the AFOSI confiscated  two  burned,
hand-rolled joints found between the pages of  a  green  book  in  the
applicant’s locked personal locker.  The butts tested positive for the
presence of marijuana.   The  applicant  was  represented  by  defense
counsel at trial.  The  applicant  pled  guilty  to  all  charges  and
specifications and the evidence supported the plea of guilty.

They state the applicant’s drug use was  inconsistent  with  the  good
order and discipline essential to the successful  performance  of  the
Air Force  mission.   His  prior  good  service  neither  negates  nor
mitigates the extent to which the applicant’s military service  failed
to meet the standard of conduct demanded of every military member.

Given the serious nature of the offense involved—use of  marijuana---a
court-martial was an appropriate forum to address the misconduct.  The
court-martial sentence was less than the maximum  authorized  for  the
offense committed.  The findings of guilty and the  approved  sentence
were affirmed during a subsequent review by a judge advocate  pursuant
to Article 69(a).  A review of the record of trial does  not  indicate
any basis for action.

They state the applicant has failed to allege any injustice  or  error
requiring relief as to the court-martial and no further action in that
regard should be  taken.   Therefore,  they  defer  to  personnel  for
appropriate action on the discharge  and  restrict  their  opinion  to
review of the military justice action.

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

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 January 2002, a complete 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.

_________________________________________________________________

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 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.

4.    The only other basis to warrant  an  upgrade  of  his  discharge
would be on clemency.  However, after reviewing  his  overall  service
record and the documentation pertaining to his  post-service  conduct,
we do not believe an upgrade is justified based on clemency.

5.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 20 March 2002, under the provisions  of  AFI  36-
2603:

                       Mr. David C. Van Gasbeck, Panel Chair
                       Ms. Brenda L. Romine, Member
                       Ms. Martha Maust, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 25 Jun 01, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFLSA/JAJM, dated 14 Nov 01.
      Exhibit D. Letter, AFBCMR, dated 25 Jan 02.




                             DAVID C. VAN GASBECK
                             Panel Chair


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