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AF | BCMR | CY2002 | 0200675
Original file (0200675.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00675
            INDEX CODE 110.00 110.02 100.06
            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded, his
reason for separation be changed from “Misconduct – Drug Abuse” and
his reenlistment eligibility (RE) code be changed from 2B.

___________________________________________________________________

APPLICANT CONTENDS THAT:

It has been 19 years since his  discharge  and  he  has  worked  in
various occupations, all  of  which  required  some  form  of  drug
screening.  He has been married for 14 years and been a father.  He
was rightfully discharged from the  Air  Force  in  1983,  but  has
successfully stopped using [drugs] over the course of the  last  19
years.  He feels that  after  19  years  he  should  be  given  the
opportunity to show his DD Form  214  to  anyone  who  requests  it
without the label of “Drug Abuse” or “under honorable  conditions,”
and to be able to show his DD Form 214 with pride.

In support of  the  applicant’s  appeal,  he  provided  a  personal
statement and a copy of DD Form  214  (Certificate  of  Release  or
Discharge from Active Duty).

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 18 December 1979, the applicant  enlisted  in  the  Regular  Air
Force in the grade of airman basic.  His  highest  grade  held  was
sergeant (E-4).   His  noncommissioned  officer  status  (NCO)  was
vacated on 7 October  1983  due  to  his  involvement  with  drugs.
Applicant’s grade at time of discharge was senior airman (SrA/E-4).

On 19 December 1983, the applicant  was  discharged  by  reason  of
Misconduct – Drug Abuse and issued a reenlistment eligibility  (RE)
code 2B (involuntarily separated under AFR 39-10,  with  a  general
discharge).  The pertinent  facts  surrounding  his  discharge  are
contained in the letter prepared by the appropriate office  of  the
Air Force at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial.
They  stated  that  the  commander  notified   the   applicant   on
23 November 1983, that he was being  discharged  for  misconduct  -
drug  abuse,  as  evidenced   by   his   positive   urinalysis   on
25 August 1983 and the report conducted by the Air Force Office  of
Special Investigation.  His commander vacated  his  noncommissioned
officer (NCO) status on  7 October  1983,  stating  that  his  drug
involvement did not maintain  the  highest  standards  of  personal
conduct, integrity and responsibility expected  of  an  NCO.   They
found that the discharge was consistent  with  the  procedural  and
substantive   requirements    of    the    discharge    regulation.
Additionally, that the discharge was within the sound discretion of
the discharge authority.  They also noted that  the  applicant  did
not submit any new evidence or identify any  errors  or  injustices
that occurred  in  the  discharge  processing.   Accordingly,  they
recommended his records remain the same and his request be  denied.


A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 12 April 2002 for review and comment within 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 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.  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  office  of  primary  responsibility  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 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
AFBCMR Docket Number 02-00675 in Executive Session on 11 June 2002,
under the provisions of AFI 36-2603:

      Ms. Olga M. Crerar, Panel Chair
      Mr. George Franklin, Member
      Mr. Charlie E. Williams Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Mar 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 4 Apr 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Apr 02, w/atchs.




                                   OLGA M. CRERAR
                                   Panel Chair

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