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AF | BCMR | CY2003 | BC-2003-00446
Original file (BC-2003-00446.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS


         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00446
            INDEX CODE:  110.02, 100.06
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be changed
to honorable, his reenlistment eligibility (RE) code be changed to RE-
1, his narrative reason for separation be changed  to  convenience  of
the government and his separation program  designator  (SPD)  code  be
changed to correspond with a honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was immature and made bad decisions while off duty. He was an asset
to the Air Force, received effective evaluations and the good  conduct
medal.  The applicant states that since his separation  from  the  Air
Force he has been a productive hard working citizen, and is active  in
the community.  He maintains that he is the son of  a  former  Vietnam
serviceman who  was  shot  down,  listed  as  missing  in  action  and
eventually listed as  killed  in  action.   He  hopes  that  his  pass
mistakes will not mar his feelings for serving in the Air Force.

In support of his request, applicant provided a personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force as an airman basic on   30 May
1980 for a term of 4 years.  He was separated from the Air Force on  7
September 1984 under the provisions of AFR 39-10 (resignation for  the
good of the service) UOTHC discharge.

Court-martial charges were referred against  the  applicant  on     27
July 1984.  He was investigated by the Office of Special Investigation
(OSI)  undercover  operation,  from  1   April   to   24   May   1984.
Investigation revealed applicant had used marijuana on  two  occasions
and had distributed marijuana  to  two  other  Air  Force  members  on
another occasion.  He drove the OSI agent to purchase marijuana from a
civilian supplier after assisting in arrangements  for  the  purchase.
On 31 July 1984, after charges were referred, he  requested  discharge
in lieu of court-martial.  His commander and  the  base  legal  office
recommended approval of the discharge with a  UOTHC  characterization.
The staff judge advocate reviewed the case  on  16  August  1984,  and
found it legally  sufficient  and  recommended  approval  of  a  UOTHC
discharge  without  probation  and  rehabilitation.    The   discharge
authority approved the  request  for  discharge  (in  lieu  of  court-
martial) and ordered a UOTHC discharge on 22 August  1984.   Applicant
was discharged on 7 September 1984.

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.
The applicant did not submit any new evidence or identify  any  errors
of injustices that occurred in the discharge  process.   Additionally,
the discharge was within the discretion of the discharge authority.

The DPPRS evaluation is at Exhibit C.

AFPC/DPPAE recommends denial.  The Reenlistment Eligibility (RE)  code
of 2C, “Involuntarily separated with a general or  (UOTHC)  discharge”
is correct.

The DPPAE evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
11 Apr 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.  After  careful  consideration
of the available evidence, we found no  indication  that  the  actions
taken to effect  his  discharge  were  improper  or  contrary  to  the
provisions of the governing regulations in effect at the time, or that
the actions taken against the applicant were  unjust.   Therefore,  we
agree with the opinions and recommendations of the Air Force office of
primary responsibility 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 Docket  Number  BC-2003-
00446 in Executive Session on 17 July 2003, under  the  provisions  of
AFI 36-2603:

                 Ms. Patricia D. Vestal, Panel Chair
                 Mr. Clarence D. Long III, Member
                 Ms. Sharon Seymour, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 2 Mar 03 w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 28 Feb 03.
      Exhibit D. Letter, AFPC/DPPAE, dated 28 Mar 03.
      Exhibit E. Letter, SAF/MRBR, dated 4 Apr 03.




      PATRICIA D. VESTAL
      Panel Chair


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