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AF | BCMR | CY2003 | BC-2002-03730
Original file (BC-2002-03730.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-03730

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

While on active duty, he was not offered  an  opportunity  for  a  spiritual
rebirth that was necessary for his rehabilitation from marijuana use.

In support of the appeal,  the  applicant  submits  a  copy  of  his  credit
report,  college  transcript,  Holy  Ghost   certificate   and   letter   of
recommendation.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the  Regular  Air  Force  on  22  May
1973.  He was progressively promoted to the grade  of  airman  first  class,
with an effective date and date of rank of 8 June 1974.

On 14 November 1975, he received notification that he was being  recommended
for discharge due to his conviction by a civil  court  for  the  offense  of
illegal possession of 32.6 grams  of  marijuana  on  27  October  1975.   He
received a general discharge on 13 January 1976,  under  the  provisions  of
AFM 39-12 (misconduct - civil conviction.  He had completed  a  total  of  2
years, 7 months and 5 days and was serving in  the  grade  of  airman  first
class (E-3) at the time of discharge.




Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, provided an arrest record which is at Exhibit E.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
the  discharge  was  consistent  with   the   procedural   and   substantive
requirements of the discharge regulation and within the  discretion  of  the
discharge authority.  The applicant did not  submit  any  new  evidence  nor
provide facts warranting an upgrade of his discharge.

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 3 January 2003 for review and response within 30 days.  On 15 July  2003,
a copy of the FBI Arrest Record was forwarded to the  applicant  for  review
and response within 14 days.  However, 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 probable error or injustice.  After  thoroughly  reviewing  the
evidence of record and noting the applicant’s complete  submission,  we  are
not  persuaded  that  a  change  to  his  characterization  of  service   is
warranted.  In this respect, we note that the applicant received  a  general
discharge due to his  civil  court  conviction  for  illegal  possession  of
marijuana.  The discharge appears to be in  compliance  with  the  governing
manual in effect at the time of  his  separation  and  he  has  provided  no
evidence  to  indicate  that  his  separation  was  inappropriate.    Absent
persuasive  evidence  that  he  was  denied  rights   to   which   entitled,
appropriate regulations were not followed,  or  appropriate  standards  were
not applied, we find no basis to disturb the existing record.

4.  We also find insufficient evidence to warrant a recommendation that  the
discharge be upgraded on the basis of  clemency.   We  have  considered  the
applicant’s overall quality of service, the  events  that  precipitated  the
discharge, and available evidence related  to  his  post-service  activities
and accomplishments.  On  balance,  we  do  not  believe  that  clemency  is
warranted.

________________________________________________________________

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  BC-2002-03730
in Executive Session on 21 October 2003, under the  provisions  of  AFI  36-
2603:

                  Ms. Olga M. Crerar, Panel Chair
                  Mr. Roscoe Hinton, Jr., Member
                  Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Nov 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 13 Dec 02.
      Exhibit D.  Letter, SAF/MRBR, dated 3 Jan 03.
    Exhibit E.  Investigative Report, FBI.
    Exhibit F.  Letter, AFBCMR, dated 15 Jul 03.




                                   OLGA M. CRERAR
                                   Panel Chair

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