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AF | BCMR | CY2003 | 0202794
Original file (0202794.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02794
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

It has become necessary for  him  to  have  his  discharge  changed  due  to
furthering his education in the field of nursing.  He has paid his dues  and
has  accepted  that  his  actions,  at  the  time  of  his  discharge,  were
inappropriate and wrong.  He has grown up and would like the opportunity  to
help someone else not to make the same mistakes.

In support of his request, he submits a copy of an acceptance letter to  the
School or Nursing.  The applicant’s complete  submission,  with  attachment,
is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 15 April 1981, 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 5 April 1982,  he  was  discharged  under  the
provision of AFM 39-12 (Personal Abuse of Drugs - Other Than  Alcohol).   On
31 October 1984, by direction  of  the  Secretary  of  the  Air  Force,  all
references to his being discharged were  removed  and  he  was  restored  to
active duty.

On 17 July 1985, he reenlisted in the Regular  Air  Force  for  four  years.
During this period of service, he was progressively promoted  to  the  grade
of sergeant (E-5).

On 22  June  1987,  the  applicant  requested  discharge  under  AFR  39-10,
paragraph 5-46 for misconduct based on minor disciplinary infractions.   The
reason for the request was that on 22  June  1987,  the  member  waived  his
right to a  hearing  before  an  administrative  discharge  board  with  the
understanding that he would receive no less than a  general  discharge.   He
was charged with wrongful use of marijuana on divers occasions on  or  about
18 February 1987 to 19 March 1987 and on or about 31 May 1986,  operating  a
vehicle while drunk at  Chanute  Air  Force  Base,  IL.   Subsequently,  the
applicant was discharged under the provisions of AFR 39-10  paragraph  5-46,
for misconduct based  on  minor  disciplinary  infractions  and  received  a
general (under honorable conditions) discharge.  He had served  2  years,  7
months and 26 days of active duty on this enlistment.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be  denied.   DPPRS  states  that  the
applicant provided no facts warranting an upgrade of his  discharge.   Based
upon the documentation on file, DPPRS believes the discharge was  consistent
with procedural and substantive requirements of the discharge regulation.

The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  the  applicant  on  4
October 2002, for review and response.  As of this  date,  this  office  has
received no response.

_________________________________________________________________

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.
The applicant has provided no evidence that would lead  us  to  believe  the
actions  taken  to  effect  his  discharge  were  improper,  or   that   the
information in his discharge case file is  erroneous.   In  the  absence  of
more expansive evidence by the applicant attesting  to  a  successful  post-
service adjustment in the years after his discharge, we are not inclined  to
extend clemency at this time. However, should the applicant continue in  his
efforts to become a productive and successful  member  of  society,  and  to
exhibit the qualities associated with good citizenship, he may,  of  course,
submit a request for clemency at a later time.

_________________________________________________________________
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  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 in  Executive
Session on 19 March 2003 under the provisions of AFI 36-2603:

      Mr. Roscoe Hinton Jr, Panel Chair
      Ms. Patricia D. Vestal, Member
      Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 27 Aug 02, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 24 Sep 02.
     Exhibit D.  Letter, SAF/MRBR, dated 4 Oct 02.





                                  ROSCOE HINTON JR
                                  Panel Chair

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