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AF | BCMR | CY2002 | BC-2002-03074
Original file (BC-2002-03074.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03074
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general  under  honorable  conditions  discharge  be  upgraded  to
honorable and that the Separation Program Designator (SPD) code of JNF
– Drug Abuse be changed to remove “Drug Abuse” from his record.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not made aware of the “Drug Abuse” part of  his  discharge  and
that he thought that his  general  discharge  would  automatically  be
upgraded six months after his discharge.

His submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Air National Guard (ANG) on
19 May 1998 with 7 years  prior  service.   He  enlisted  as  a  Staff
Sergeant (SSgt/E-5) with a date of rank of 19 May 1998.

On 10 September 2000, the applicant participated  in  the  ANG  Random
Urinalysis Program.  His sample returned positive for Marijuana.  On 2
October 2000, the applicant received notification that  he  was  being
recommended for discharge due to drug abuse.  He  received  a  general
discharge with service characterization of under honorable  conditions
under the provisions of AFI 36-3209, Drug Abuse.  He waived his  right
to  an  administrative  discharge  board  and  declined  military  and
civilian counsel.  He had served a total of 2 years, 4 months  and  27
days and was serving in the grade of SSgt at the  time  of  discharge.
His Reenlistment Eligibility (RE) was listed as Ineligible.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  ANG/DPFP  recommends  denial  of  relief.    DPFP   disputes   the
applicant’s contention that he did not know he  was  being  discharged
for drug abuse by stating that  the  applicant  signed  the  discharge
paperwork from his commander that plainly states the  reason  for  the
discharge.  DPFP addresses applicant’s contention that  he  was  under
the impression that his  discharge  would  be  automatically  upgraded
after 6 months by stating that there  is  no  record  from  the  South
Caroline ANG (SC ANG) that supports his contention.

DPFP’s evaluation, with attachments (discharge record), is at  Exhibit
C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant appreciates the attention  given  to  his  request.   He
takes responsibility for his actions and does not blame  the  SC  ANG.
He asks the board to please consider his Army record along with the SC
ANG record of service and notes that his was an isolated offense  that
can be blamed on his total lack of paying  attention  to  detail.   He
feel’s permanently labeled as a drug abuser and throws him self at the
mercy of the court (sic).  In an attached letter, the applicant  notes
his remorse and points out the feelings of humiliation and degradation
he has endured since  testing  positive  for  marijuana.   He  regrets
letting his coworkers smoke marijuana around him and notes that had he
disallowed it he would  probably  be  in  the  Middle  East  somewhere
attached to  an  Army  Reserve  medical  unit.   He  feels  absolutely
miserable and anxiously awaits the Boards decision.

His appeal is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

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
National Guard  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 and that  his  discharge  was
just and proper under the circumstances.  While the Board took note of
the applicant's contention that he was  advised  his  discharge  would
automatically be upgraded six months after his discharge, we can  find
no documentation to support his contention.  Therefore, in the absence
of evidence to the contrary, we find no compelling basis to  recommend
granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing 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 AFBCMR Docket Number BC-
2002-03074 in Executive Session on 20 May 2003, under  the  provisions
of AFI 36-2603:

      Mr John L. Robuck, Panel Chair
      Mr. Billy C. Baxter, Member
      Mr. Kenneth Dumm, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Sep 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ANG/DPFP, dated 19 Nov 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Mar 03.
    Exhibit E.  Letter, Applicant, dated 13 Mar 03.




                                   JOHN L. ROBUCK
                                   Panel Chair

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