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AF | BCMR | CY2003 | BC-2002-03949
Original file (BC-2002-03949.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03949
            INDEX CODE:  110.02
            COUNSEL:  NONE

      \     HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be changed
to a general (under honorable conditions) discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His honorable service was not taken into account and his discharge was
based on an isolated  incident.   He  successfully  completed  a  drug
rehabilitation program prior to being discharged.  From  2000  through
2002 he worked with the local police and personally changed the  lives
of three troubled youths.  These three (3) youths are drug-free  today
due in large part to his involvement and  support.   He  is  presently
seeking employment with Homeland Security and  the  local  Corrections
Department.

In support of his request, the applicant submits a personal statement,
a copy of his DD Form 214, Certificate of Release  or  Discharge  from
Active Duty, 3 letters of support from former supervisors, a  copy  of
Gunsmoke award from 1985, a letter of recommendation from  his  former
Officer in Charge and 10 letters of achievement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
17 June 1982 for a  term  of  4  years.   On  11  December  1985,  the
applicant requested that he be discharged in lieu of trial  by  court-
martial.  Court-martial charges were referred against applicant on  13
December 1985.

The security police investigated him after he was accused  by  another
airman of using marijuana and methamphetamine.   A  urinalysis  tested
positive and applicant admitted to using illicit drugs numerous times.
  Investigation  revealed  applicant  had  used  marijuana  on  divers
occasions  from  1  April  to           30  April   1985,   and   used
methamphetamines on divers occasions from 1 August 19984  to  1  April
1985.  After charges were referred and he consulted with  counsel,  he
requested discharge in lieu of court-martial.  His commanders and  the
legal authorities recommended approval of the discharge with  a  UOTHC
characterization, primarily because  he  cooperated  with  other  drug
investigations that resulted in prosecutions.  The  discharge  package
was reviewed by the acting staff judge advocate and the  deputy  staff
judge advocate and found to  be  legally  sufficient  and  recommended
approval with a UOTHC discharge without probation and  rehabilitation.


On 27 January 1986, the approving authority approved his discharge and
he was discharged on 18 February 1986, under the provisions of AFR 39-
10, Chapter 4, pursuant to his request for discharge in lieu of  trial
by court-martial.  He was issued  a  UOTHC  discharge.  The  applicant
served three (3) years and eight (8) months on active duty.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, WV, indicated on 11 April 2003, that, on the basis of data
furnished, they are unable to locate an arrest record.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  The discharge was consistent  with  the
procedural and substantive requirements of  the  discharge  regulation
and  the  separation  was  within  the  discretion  of  the  discharge
authority.  The applicant did not submit any new evidence or  identify
any errors or injustices that occurred in  the  discharge  processing.
Additionally,  he  provided  no  facts  warranting  a  change  in  his
discharge.  Accordingly, we recommend his records remain the same  and
his request be denied.

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 7
Mar 03, 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 an error or injustice in regard to his  request  that
his discharge characterization be changed.  After a thorough review of
the documentation provided in support of his appeal and  the  evidence
of record, it is our opinion that given the circumstances  surrounding
his separation  from  the  Air  Force,  the  discharge  given  to  the
applicant  was  proper  and  in  compliance   with   the   appropriate
directives.  Applicant has not provided any new evidence, which  would
lead us to believe otherwise.  Therefore, in the absence  of  evidence
to the contrary, we find no compelling basis to recommend a change  in
his discharge characterization.

_________________________________________________________________

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-
03949 in Executive Session on 20 May 2003, under the provisions of AFI
36-2603:

                 Mr. John L. Robuck, Panel Chair
                 Mr. Billy C. Baxter, Member
                 Mr. Kenneth Dumm, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 25 Nov 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 28 Feb 03.
      Exhibit D. Letter, SAF/MRBR, dated 7 Mar 03.





      JOHN L. ROBUCK
      Panel Chair

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