RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00100
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are 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 (Exhibit C).
On 28 January 2001, the Air Force Discharge Review Board (AFDRB)
denied applicant's request to upgrade his discharge to honorable.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial. They indicate that on 6 June 2000, the
applicant’s commander recommended he be discharged for drug abuse in
accordance with AFI 36-3208 and be issued a general discharge. The
reason for the action was on or about 23 March 2000, he wrongfully
used marijuana. An investigation by the Air Force Office of Special
Investigation (AFOSI) revealed he had smoked marijuana. On 16 March
2000, he was given an Article 15, Nonjudicial Punishment, and
reduction to airman basic and forfeiture of pay. On 9 June 2000, the
Discharge Authority approved the general discharge. He was not
eligible for probation and rehabilitation in accordance with AFI 36-
3208, Chapter 7.
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. The applicant did not submit any new evidence or identify
any errors or injustices that occurred in the discharge proceedings.
Additionally, the applicant provided no facts warranting an upgrade of
the discharge he received. He has not filed a timely request.
The evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 1 March 2002, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within thirty (30) days. 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, 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 AFBCMR Docket Number 02-
00100 in Executive Session on 4 April 2002 under the provisions of AFI
36-2603:
Mr. Lawrence R. Leehy, Panel Chair
Mr. John E. B. Smith, Member
Mr. William Edwards, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 January 2002, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 13 February 2002.
Exhibit D. Letter, SAF/MRBR, dated 1 March 2002.
LAWRENCE R. LEEHY
Panel Chair
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