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AF | BCMR | CY2003 | BC-2002-03151
Original file (BC-2002-03151.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03151
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Based on his post  service  activities  and  accomplishments  his  discharge
should be upgraded.  In support of his request applicant provided a copy  of
his discharge order, a personal statement, character references, and  copies
of  his  Bachelor's  and  Associate  degree  certificates.    His   complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the  Regular  Air  Force  on  3  Nov  78  and  was
progressively promoted to the grade of airman first class.

On 31 Jul 80, court-martial charges were referred against the applicant  for
the wrongful possession, use, and sale of marijuana.  On  6  Aug  80,  after
consulting counsel, the applicant requested discharge for the  good  of  the
service under the provisions of AFM 39-12, paragraph  2-78.   His  commander
recommended approval of his request and recommended that he be  furnished  a
discharge under other than  honorable  conditions.   The  wing  staff  judge
advocate found the case to be legally  sufficient  and  on  4  Sep  80,  the
discharge authority approved his request.  He was discharged on  12  Sep  80
without probation and rehabilitation.  He served 1 year, 10 months,  and  10
days on active duty.

Pursuant to the Board's request, the Federal Bureau of Investigations  (FBI)
indicated that they were unable to locate an  arrest  record  pertaining  to
the applicant (see Exhibit E).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of applicant's request.  DPPRS states that  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation  and  the  applicant  did  not  submit  any  new
evidence  or  identify  any  errors  or  injustices  that  occurred  in  the
discharge processing.  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  1  Nov
02 for review and comment within 30 days.  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.  We  are  not  persuaded  by  the  evidence
submitted in support of his appeal that  an  upgrade  of  his  discharge  is
warranted.  We find no evidence of error in this case and  after  thoroughly
reviewing the evidence of record, we do not believe he has suffered from  an
injustice.   We  find  his  post-service  accomplishments  commendable   and
considered upgrading his  discharge  of  the  basis  of  clemency;  however,
because  of  the  serious  nature  of  the  charges  referred  against   the
applicant, we do not  believe  that  the  characterization  of  his  service
warrants upgrade  on  the  basis  of  clemency.   Therefore,  based  on  the
available evidence of record, we find  no  basis  upon  which  to  favorably
consider 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  Docket  Number  02-03151  in
Executive Session on 29 Jan 03, under the provisions of AFI 36-2603:

      Mr. Philip Sheuerman, Panel Chair
      Mr. Joseph A. Roj, Member
      Ms. Martha Evans, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 22 Oct 02.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Nov 02.
    Exhibit E.  FBI Negative Reply, dated 20 Dec 02.




                                   PHILIP SHEUERMAN
                                   Panel Chair

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