RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00159
                       INDEX CODE:  136.00

      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to allow him to retire  from  the  Air  Force
(AF) and receive all benefits due him and his family.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was unjustly discharged from the AF after 19 years and  10  months,
after being made to stand by one whole year after the  misconduct  and
was then discharged 2 months before he was retirement eligible.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty on 13 Mar 81.  While serving in  the
grade of senior airman, he was discharged  on  12  Jan  01  under  the
provisions  of  AFI  36-3208,  Administrative  Separation  of   Airman
(triable by court-martial).  He received an under other than honorable
conditions discharge.  He served 19 years  and  10  months  of  active
service.

On 29 Nov 96 the applicant received an Article  15  for  assaulting  a
senior airman.  His punishment consisted of reduction to senior airman
and a suspended forfeiture of $300.

On 2 Nov 99, the applicant's commander was notified that the applicant
tested positive for marijuana as the result of  a  random  urinalysis.
The applicant received an  Article  15  with  a  reduction  to  senior
airman, confinement for 2 months, forfeiture of $1,910  and  2  months
restriction.

On 24 Apr 00,  the  applicant  received  a  letter  of  reprimand  for
dereliction of duty for sleeping on duty, leaving work without
permission and using the phone to make unauthorized personal calls and
instructing subordinates not to report any misconduct or incidents  to
squadron leadership.

The applicant on 15 May 00, violated the terms of a  medical  quarters
authorization.

On 25 May 00, the applicant  while  pending  administrative  discharge
proceedings  for  the  prior  misconduct  again  tested  positive  for
marijuana.   He  was  charged  with  wrongful  use  of  marijuana  and
dereliction of duty, which was referred to  a  special  court-martial.
The applicant on 8 Aug 00, requested to be discharged in lieu of trial
by court-martial and lengthy service  probation  (LSP)  consideration.
AF/CC on 12 Sep 00, approved the applicant's request for discharge and
recommended his request for LSP consideration be denied.   On  27  Sep
00, AETC/JA forwarded the applicant's case to AETC/DPPAF  recommending
the applicant be discharged with service characterized  as  UOTHC  and
deny his request for LSP.  On 2 Oct 00, AETC/DP reviewed the case file
and recommended the Secretary of the Air Force (SECAF) deny LSP.   The
applicant's case file was  forwarded  to  the  SAF  Personnel  Council
(SAFPC) on 24 Oct 00 for LSP consideration.  On 15 Dec 00,  the  SECAF
approved the applicant's administrative discharge and denied LSP.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS states the applicant did not provide any new evidence or
identify any errors or injustices that occurred in the  processing  of
his discharge.  He has not submitted any evidence to warrant upgrading
his discharge.  DPPRS believes the discharge was consistent  with  the
procedural and substantive requirements of the  discharge  regulation;
and the discharge was within the sound  discretion  of  the  discharge
authority.  They recommend the requested relief be denied.

A copy of the Air Force evaluation is attached at Exhibit C.

AFPC/DPPRRP states that in accordance Title  10,  United  States  Code
(USC), Section 8914 allows the Secretary of  the  Air  Force,  upon  a
member's request, to retire an enlisted member of the AF  who  has  at
least 20, but less than 30 years of service computed under  Title  10,
USC, Section 8925.  The applicant, at the time of separation,  had  19
years and 10 months of active service; therefore, he could not request
retirement because he was not retirement eligible.

The applicant did not meet the criteria to retire  under  the  15-year
Voluntary Early Retirement Program.  A member must have  15  years  of
creditable active service, but less than 20 years of
service upon date of separation.  The  FY96  Voluntary  Early  Retired
Program was the last year enlisted members were  authorized  to  apply
for the early retirement program.  In order to apply  under  the  FY96
Early Retirement Program, a member's  Total  Active  Federal  Military
Service Date for (TAFSMD) master sergeant and below had to be  30  Sep
78 or earlier.  The applicant's TAFSMD was  13  Mar  81.   The  latest
retirement effective date a member could request was 1 Jan 96 and  the
applicant at that time would have served 14 years and 9 months and  18
days of active service.  They recommend the request be denied (Exhibit
D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
5 Apr 02, 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 timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the applicant's
complete submission in judging the merits of  the  case;  however,  we
agree with the opinions and recommendations of the Air Force and adopt
their rationale 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.  Based on the documentation in the applicant's  records,
it  appears  that  the   processing   of   the   discharge   and   the
characterization of the discharge were appropriate and accomplished in
accordance with Air Force policy.  Applicant states that he  was  made
to wait over a year before being  separated.   However,  he  fails  to
indicate that his further misconduct  while  under  consideration  for
separation caused the delay.  Therefore, in the absence of evidence to
the contrary, we find no compelling basis to  recommend  granting  the
relief sought in this application.

4.    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 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-
00159 in Executive Session on June 18, 2002, under the  provisions  of
AFI 36-2603:

                      Mr. Joseph A. Roj, Panel Chair
                      Mr. E. David Hoard, Member
                      Mr. William H. Anderson, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 15 Jan 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 13 Mar 02.
   Exhibit D.  Letter, HQ AFPC/DPPRRP, undated, w/atchs.
   Exhibit E.  Letter, SAF/MRBR, dated 5 Apr 02.




                             JOSEPH A. ROJ
                             Panel Chair