RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03131, Cse 2
INDEX CODE: 110.00
APPLICANT COUNSEL: GLORIA EVANS
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable. The Narrative Reason for Separation and his Separation
Program Designator (SPD) code be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Psalm 104:12 - He causeth the grass to grow for the cattle, and herb
for the service of man: that he may bring forth food out of the earth;
Revelation 22:2, Ezekiel 47:12 - Also speak on medicinal leaves
(herbs). This country was founded on Christianity. So why is it
unjust for him to follow the word of God. This has proven to be an
infringement on his first amendment right of Freedom of Religion. He
deserves Freedom of Religion as every American does. He demands
satisfaction.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 August 1998, the applicant enlisted in the Regular Air Force as
an airman basic for a period of four years.
On 5 May 1999, the applicant's commander recommended he be discharged
from the Air Force for drug abuse. The reasons for the discharge
action were:
The applicant on or about 4 February 1999, at or near Aurora,
CO, wrongfully used marijuana. For this misconduct the applicant
received an Article 15, dated 18 March 1999. His punishment
consisted of a reduction to the grade of airman basic with a new
date of rank of 18 March 1999 and 14 days extra duty.
The commander advised applicant of his right to consult legal
counsel and that military legal counsel had been obtained for him;
and to submit statements in his own behalf; or waive the above
rights after consulting with counsel.
On 18 May 1999, the first sergeant submitted a memorandum stating
the applicant did not submit a response to the discharge
notification memorandum or a statement on his own behalf.
A legal review was conducted on 27 May 1999 in which the staff judge
advocate recommended the applicant be discharged with a general
discharge with no probation and rehabilitation.
On 27 May 1999, the discharge authority approved the discharge.
Applicant was discharged on 9 June 1999, in the grade of airman
basic with an under honorable conditions (general) discharge, in
accordance with AFI 36-3208 (Misconduct). He served a total of 9
months and 12 days of active service.
The applicant submitted a request to the Air Force Discharge Review
Board (AFDRB) to have his under honorable conditions (general)
discharge upgraded to honorable. They denied his request on 4 April
2000.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states the applicant has not submitted any evidence nor
identified any errors or injustices that occurred in the processing of
his discharge. Based upon the documentation in the applicant's file,
they believe his discharge was consistent with the procedural and
substantive requirements of the discharge regulation. Also, the
discharge was within the sound discretion of the discharge authority.
Also, he did not provide any facts to warrant an upgrade of his
discharge. Based on the information and evidence provided they
recommend the applicant's request be denied (Exhibit D).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
15 November 2002, for review and response. 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 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 Force
and adopt their rationale as the basis for our decision that the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice. Based on the documentation in the
applicant's records, it appears that the processing of the discharge
and the characterization of the discharge were appropriate and
accomplished in accordance with Air Force policy. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
_________________________________________________________________
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 02-
03131 in Executive Session on 7 January 2003 under the provisions of
AFI 36-2603:
Ms. Peggy E. Gordon, Panel Chair
Ms. Diane Arnold, Member
Mr. Billy C. Baxter, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Sep 02.
Exhibit B. Master Personnel Records.
Exhibit C. AFOSI ROI, withdrawn.
Exhibit D. Letter, AFPC/DPPRS, dated 4 Nov 02.
Exhibit E. Letter, SAF/MRBR, dated 15 Nov 02.
PEGGY E. GORDON
Panel Chair
AF | BCMR | CY2003 | BC-2002-03131
The applicant submitted a request to the Air Force Discharge Review Board (AFDRB) to have his under honorable conditions (general) discharge upgraded to honorable. Based on the information and evidence provided they recommend the applicant's request be denied (Exhibit D). Based on the documentation in the applicant's records, it appears that the processing of the discharge and the characterization of the discharge were appropriate and accomplished in accordance with Air Force policy.
On 6 Feb 58, the commander recommended the applicant be discharged from the Air Force under the provisions of AFR 39-22 (Conviction by Civil Court) with an undesirable discharge. Considering that the discharge occurred over 43 years ago and the type of offense committed by the applicant, the appropriate office of the Air Force has indicated that they would recommend clemency if a check of the FBI files proves negative. Exhibit E. Letter, SAF/MRBR, dated 2 Nov 01.
The applicant submitted a request to the Air Force Discharge Review Board (AFDRB) to have his under honorable conditions (general) discharge upgraded to honorable. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states the LOCs and LORs on file were submitted by his supervisor (SSgt P.). Exhibit B.
AF | BCMR | CY2002 | BC-2002-02154
The applicant submitted a request to the Air Force Discharge Review Board (AFDRB) to have his under honorable conditions (general) discharge upgraded to honorable. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states the LOCs and LORs on file were submitted by his supervisor (SSgt P.). Exhibit B.
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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02375 INDEX CODE: 100.3, 100.06 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code be changed. On 15 March 1996, the applicant was notified by his commander he was recommending that he be discharged from the Air Force under the provisions of AFI 36-3208,...
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The applicant submitted a request to the Air Force Discharge Review Board (AFDRB) to have his under honorable conditions (general) discharge upgraded to honorable. The applicant submitted a request to the Air Force Personnel Board (AFPB) to change his reenlistment code. Based on the information and evidence provided they recommend the applicant's request be denied (Exhibit D).
AF | BCMR | CY2004 | BC-2002-02385
The applicant submitted a request to the Air Force Discharge Review Board (AFDRB) to have his under honorable conditions (general) discharge upgraded to honorable. The applicant submitted a request to the Air Force Personnel Board (AFPB) to change his reenlistment code. Based on the information and evidence provided they recommend the applicant's request be denied (Exhibit D).
AF | BCMR | CY2002 | BC-2002-01516
On 12 Feb 02, the applicant was notified of his squadron commander’s intent to recommend an other-than-honorable-conditions (UOTHC) discharge for a pattern of misconduct based on the SCM finding, the Article 15 and the LOR. On 14 Feb 02, the applicant requested an administrative discharge board and lengthy service consideration by the Secretary of the Air Force (SAF). After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded that the Article 15...
On 12 Feb 02, the applicant was notified of his squadron commander’s intent to recommend an other-than-honorable-conditions (UOTHC) discharge for a pattern of misconduct based on the SCM finding, the Article 15 and the LOR. On 14 Feb 02, the applicant requested an administrative discharge board and lengthy service consideration by the Secretary of the Air Force (SAF). The applicant’s area defense counsel (ADC) submitted materials for consideration; however, on 25 Mar 02, the 11th Air Force...
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Member has not provided any documentation that supports changing his RE code. The DPPAE evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 21 Nov 03, for review and comment within 30 days. Applicant has not provided any evidence, which would lead the Board to believe otherwise.