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AF | BCMR | CY2003 | BC-2002-03131
Original file (BC-2002-03131.doc) Auto-classification: Denied


                            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

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