RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02776
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He never used drugs.
In support of his application, the applicant provided a personal
statement and an extract from his military medical records. The
applicant’s submission, w/attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant’s military records, are contained in the Brief prepared by
an Examiner for the Air Force Discharge Review Board (AFDRB).
Accordingly, there is no need to recite these facts in this Record of
Proceedings. The Air Force Discharge Review Board denied the
applicant’s request for upgrade on 17 November 1992. A complete copy
of the AFDRB brief is attached at Exhibit B.
On 19 April 1993, the applicant submitted an application requesting
that he be given a medical discharge. On 7 December 1993, the AFBCMR
considered and denied the applicant’s request. A copy of the Record
of Proceedings, with attachments, is at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states that they believe the discharge was consistent with
the procedural and substantive requirements of the discharge
regulation. Additionally, the discharge was within the discretion of
the discharge authority. A complete copy of the evaluation is
attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 4 October 2002, a complete copy of the Air Force evaluation was
forwarded to the applicant for review and response 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, 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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the decision of the AFDRB and adopt their
rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. 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 this application on 9
January 2003, under the provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Grover L. Dunn, Member
Mr. Thomas J. Topolski, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Aug 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Record of Proceedings, dated 7 Dec 93, w/atchs.
Exhibit D. Letter, AFPC/DPPRS, dated 23 Sep 02.
Exhibit E. Letter, AFBCMR, dated 4 Oct 02.
WAYNE R. GRACIE
Panel Chair
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