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AF | BCMR | CY2002 | 0201852
Original file (0201852.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01852
            INDEX CODE 110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable  conditions)  discharge  be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He made a terrible mistake and is sorry for  his  actions.   He  would
like another chance to continue his military service career.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
7 September 1977. On 17 October 1980,  the  applicant  was  discharged
under the  provisions  of  AFM  39-12  (Misconduct-Drug  Abuse),  with
service characterized as under honorable conditions in  the  grade  of
senior airman. He served 3 years,  1  month  and  10  days  of  active
service.

On 22 September 1980, applicant's commander recommended discharge  for
drug abuse as evidenced by a Memo for Record dated 17 June 1980, which
revealed applicant admitted to personal use of  marijuana  on  several
occasions.  An AFOSI Report of Investigation  revealed  applicant  had
smoked marijuana with another individual on three occasions in May and
June 1980.  Applicant was admitted  to  the  SAC  Drug  Rehabilitation
Center, but was  terminated  on  4 September  1980  after  he  made  a
statement to the commandant that he accepted  the  program  with  full
intent  to  still  use  illegal  drugs.   Applicant  admitted  he  had
continued to use marijuana even after he was identified as a  user  by
the AF authorities.  Probation and rehabilitation was not  recommended
after he was  eliminated  from  drug  rehabilitation.   Applicant  was
offered a conditional waiver,  contingent  upon  receiving  a  general
discharge.  The Discharge Authority considered the conditional  waiver
submitted by the member and  ordered  the  general  discharge  without
probation and rehabilitation.

On 11 December 1987, the Air Force Discharge Review Board reviewed and
denied the applicant's request for upgrade.

_________________________________________________________________

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.  He has not filed a  timely
request.

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 28 June 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 probable error or injustice.  After a thorough review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded that his discharge should be  upgraded  to  honorable.   The
applicant has not established by his  submission  that  his  commander
abused his discretionary authority, and since we find no abuse of that
authority, there is no compelling reason to overturn  the  commander’s
decision.  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 of having suffered either an error or an injustice.
  Therefore, in absence of evidence to the contrary, we find no  basis
to recommend granting the relief sought.

_________________________________________________________________

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  02-01852
in Executive Session on 18 September 2002, under the provisions of AFI
36-2603:

                 Mr. Charles E. Bennett, Panel Chair
                 Mr. Michael V. Barbino Member
                 Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 12 Jun 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 20 Jun 02.
      Exhibit D. Letter, SAF/MRBR, dated 28 Jun 02.






      CHARLES E. BENNETT
      Panel Chair



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