RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01613
INDEX CODE 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not using drugs at anytime.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
4 February 1959. The commander notified the applicant on 7 July 1964
that he was being discharged because of frequent involvement of a
discreditable nature with civil or military authorities and
unauthorized possession of habit-forming drugs and instruments used in
connection therewith. Investigations revealed that the member
possessed a 2 cubic centimeter capacity syringe and a hypodermic
needle on 28 October 1963; wrongfully possessed heroin on 28 October
1963; possessed a hypodermic needle with a syringe during September-
October 1963; cohabited with a known prostitute during October 1963;
and possessed a small box with a syringe, three needles, and a cotton
pellet on 18 October 1963. He was discharged from the Air Force on 31
July 1964 under the provisions of AFR 38-17 (unfitness) and received
an under honorable conditions (general) discharge in the grade of
staff sergeant. He served 8 years, 3 months and 2 days total active
service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial. The applicant did not submit any new
evidence or identify any errors or injustices that occurred in the
discharge processing. Additionally, he provided no facts warranting
an upgrade of his discharge. Accordingly, they recommend 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 complete copy of the Air Force evaluation was forwarded to the
applicant on 19 July 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, the Board excused
the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of material error or injustice. Applicant’s contention
is at odds with the facts provided by his record. After three
separate court-martials, the applicant was discharged with a bad
conduct discharge. It appears that the responsible officials applied
appropriate standards in effecting the discharge, and the applicant
has not provided persuasive evidence that pertinent regulations were
violated or that he was not afforded all the rights to which he was
entitled. The applicant has failed to sustain his burden of
demonstrating he suffered either an error or an injustice and we
conclude that no basis exist to grant favorable action on his request.
_________________________________________________________________
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 Docket Number 02-01613
in Executive Session on 3 October 2002, under the provisions of AFI 36-
2603:
Mr. Wayne R. Gracie, Panel Chair
Ms. Kathleen F. Graham, Member
Mr. George Franklin, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Jun 02.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 16 Jul 02.
Exhibit D. Letter, SAF/MRBR, dated 19 Jul 02.
WAYNE R GRACIE
Panel Chair
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