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AF | BCMR | CY2002 | 0202095
Original file (0202095.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02095
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Allegations were made  against  him  by  drug  conspirators  so  they  could
alleviate or lighten their sentence.  There was no rhyme or reason  for  the
allegations.  He willfully separated from the Air Force  because  it  didn’t
make sense to go through court proceedings to prove his innocence.   He  was
a model airman, never in trouble and it seemed that  the  Air  Force  didn’t
take this into account.  The Air Force took the word  of  these  individuals
as fact.  He was humiliated and  it  was  best  for  him  to  terminate  his
relationship with the Air Force.

He was a young man and hasn’t forgotten  this  time  in  his  life.   It  is
important to him that he set the record  straight  and  to  reestablish  his
honor.  This incident has been hanging over him  ever  since  and  he  would
appreciate a correction if at all possible.

The  applicant  provides   no   supporting   documents.    The   applicant’s
application is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 11 September 1978, the applicant  enlisted  in  the  Regular  Air  Force.
During this period of service, he was progressively promoted  to  the  grade
of airman first class (E-3).

On 15  June  1981,  the  applicant  requested  discharge  under  AFM  39-12,
paragraph 2-78 for the good of the service.  The  reason  for  the  request,
was that the member was facing a court-martial based on charges of  wrongful
use of marijuana on divers  occasions  between  1  May  and  30  June  1980;
wrongful possession of marijuana on divers occasions from 1 May to  30  June
1980 and 1 September to 30 November 1980;  wrongful  solicitation  of  other
airmen to wrongfully transfer marijuana during the month of September  1980;
and wrongful possession of LSD between 25  November  and  5  December  1980.
Subsequently, the applicant was discharged under the provisions of  AFM  39-
12 (Request for Discharge for the Good  of  the  Service)  and  received  an
under other than honorable conditions discharge.  He had served 2  years,  5
months and 2 days of total active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be  denied.   DPPRS  states  that  the
applicant did not submit any evidence or identify any errors  or  injustices
that occurred in his discharge process.  Based  upon  the  documentation  in
his  records,  DPPRS  believes  the  discharge  was  consistent   with   the
procedural and substantive requirements of  the  discharge  regulation  (see
Exhibit C).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  the  applicant  on  9
August 2002 for review and response.  As of this date, no response has  been
received by this office (Exhibit D).

_________________________________________________________________

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.   After  careful  consideration  of  the
applicant’s request  and  the  available  evidence  of  record,  we  see  no
evidence that would warrant an upgrade of his characterization  of  service.
Other than his own assertions, the applicant has provided no evidence  which
would lead us to believe the actions taken  to  effect  his  discharge  were
improper, that his request for separation was  involuntarily  submitted,  or
that the information in his discharge case file is erroneous.   Furthermore,
the applicant has  provided  no  evidence  to  warrant  consideration  of  a
request for clemency.  Should the applicant provide  expansive  evidence  of
his  post-service  activities  that  would  indicate  to  us  he  is  now  a
successful and productive member of his community, we would  be  willing  to
reconsider his petition.  In the absence of such evidence,  his  request  is
not favorably considered.

_________________________________________________________________

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 01-03486 in Executive Session on 2  October  2002,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. Steven A. Shaw, Member
      Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 1 July 2002.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 25 July 2002.
     Exhibit D.  Letter, SAF/MRBR, dated 9 August 2002.





                             THOMAS S. MARKIEWICZ
                                             Vice Chair

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