RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-00280
            INDEX CODE  106.00 110.02
            COUNSEL:  Herbert E. Stettler

            HEARING DESIRED:  No


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APPLICANT REQUESTS THAT:

His 1981 under-other-than-honorable (UOTHC) discharge be  upgraded  to
general.

_________________________________________________________________

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 applicant enlisted in the Regular Air Force on 14 Nov 78  and  was
ultimately promoted to airman first class (A1C) on 6 Dec  79.  At  the
time of his discharge, he was a unit squadron assistant aircraft  crew
chief assigned to the 46 Consolidated  Aircraft  Maintenance  Squadron
(46 CAMS) at Peterson AFB, CO. His Airman Performance  Reports  (APRs)
reflect overall ratings of 9.

On 5 Apr 79, he received an Article 15 for possessing marijuana on  or
about 13 and 16 Mar 79 at Sheppard AFB, TX, and forfeited  $150.00  in
pay per month for 2 months. The applicant did not appeal.

On 7 Jan 80, the applicant received a Letter of  Reprimand  (LOR)  for
being in a fight on 10 Dec 79 at Peterson AFB, CO. The LOR  was  filed
in his Unfavorable Information File (UIF).

On 25 Jan 80, the applicant was placed on the Control Roster  for  120
days because he was implicated in  an  Air  Force  Office  of  Special
Investigations (AFOSI) inquiry regarding allegations  against  him  of
use, possession or sale of illegal drugs. The  Control  Roster  action
was placed in his UIF.

A Physical Profile  Serial  Report  dated  28  Jan  80  indicates  the
applicant was evaluated by the  Peterson  AFB  Mental  Health  Clinic,
denied use of drugs  for  the  past  8  months,  was  found  worldwide
qualified, and was cleared for drug rehabilitation.  A  medical  entry
dated  17  Apr  80  reflects  the  applicant   was   still   in   drug
rehabilitation.

An AFOSI Report of Inquiry (ROI) dated 30 Oct 80 indicated that in Jan
80 the applicant  was  seen  taking  money  from  others  to  purchase
marijuana and then smoking a marijuana  cigarette  with  others  in  a
group. In Mar-May 80, he was seen smoking marijuana on three  or  four
occasions; one instance was while driving and another occurred  at  an
off-base residence of a former Air Force member.

A Physical Profile Serial Report dated 25 Nov 80 indicates  the  chief
of mental  health  services  found  the  applicant  an  adaptive  user
(cannabis), worldwide qualified and cleared for drug rehabilitation.

On 1 Dec 80, he received another Article 15 for driving  a  car  while
drunk and possessing marijuana on 16 Nov 80.  He was reduced from  the
grade of A1C to airman basic  with  a  date  of  rank  of  1  Dec  80,
forfeited $175.00 and restricted to Peterson AFB for 45 days.

Although no longer  in  his  records,  the  applicant  was  apparently
notified that his commander was recommending discharge.  The applicant
acknowledged receipt of the notification on 10 Dec 80,  indicating  he
understood his discharge could be characterized as UOTHC.

The applicant was discharged for  Misconduct  -  Drug  Abuse  -  Board
Waiver in the grade of airman basic on 12 Feb 81.  He had 2  years,  3
months and 29 days of active service.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS  believes  the  discharge  to  be  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  evidence  of
errors or injustices that occurred  in  his  discharge  processing  or
facts warranting an upgrade. Denial is recommended.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 12 Apr 02 for review and comment within 30 days.   As  of
this date, this office has received no response.

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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 error or injustice warranting an upgraded  discharge.
Other than his own uncorroborated assertions, the  applicant  presents
no evidence that his discharge  for  drug  abuse  was  the  result  of
entrapment,  was  unduly  harsh,  or  beyond  the  discretion  of  the
discharge authority. His APRs reflect superior  performance;  however,
despite  drug  rehabilitation  and  an  Article   15   for   marijuana
possession, the  applicant’s  misconduct  continued  and  he  received
nonjudicial punishment a second time for driving drunk and  possessing
marijuana. He has not  substantiated  that  his  discharge  should  be
upgraded on the basis of error or clemency. We regret that his  health
may now be failing; however, he submits no compelling basis for us  to
recommend granting the relief sought.

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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 July 2002 under the provisions of AFI 36-2603:

                 Mr. Jackson A. Hauslein, Panel Chair
                 Mr. James W. Russell III, Member
                 Mr. John E. B. Smith, Member

The following documentary evidence relating to AFBCMR Docket Number 02-
00280 was considered:

   Exhibit A.  DD Form 149, dated 23 Jan 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 4 Apr 02.
   Exhibit D.  Letter, SAF/MRBR, dated 12 Apr 02.




                                   JACKSON A. HAUSLEIN
                                   Panel Chair