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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