RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01206
INDEX CODE:
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (Under Honorable Conditions) discharge be upgraded to
Honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has only used marijuana once in his life. He has learned his
lesson. He has been a wonderful husband and father for more than
eight or nine years, and that he would like the opportunity to
possibly serve his nation once again.
In support of his appeal, the applicant has provided a DD Form 293,
Application for the Review of Discharge or Dismissal from the Armed
Forces of the United States, a personal statement, a copy of his
National Guard Bureau (NGB) Form 22, National Guard Bureau Report of
Separation and Record of Service, copies of several statements of
support from friends, supervisors, and coworkers, and copies of two
drug test results.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant contracted his enlistment in the --- Air National Guard
(-- ANG) on 29 July 1991. He tested positive for marijuana use after
submitting to a random urinalysis test and was recommended for
discharge by his commander. In accordance with Air Force Instruction
(AFI) 36-3209, the applicant was discharged for Misconduct/Drug Abuse,
with service characterization of general (Under Honorable Conditions)
on 15 January 1996. He was serving in the grade of Senior Airman
(SRA/E-4) and had served for six years, one month, and seventeen days
at the time of his discharge.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPPI reviewed this application and recommended denial. Citing AFI
36-3209, DPPI states that drug abuse is not compatible with military
service and though a members’ service may have been honest and
faithful, if significant negative aspects of conduct or performance
exists then the general (Under Honorable Conditions) discharge is
fitting.
DPPI’s complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air National Guard evaluation was forwarded to the
applicant on 8 August 2003 for review and comment within 30 days. 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 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 took notice of the
applicant's complete submission in judging the merits of the case,
including his assertions that his was a one-time offense and one he
has not repeated; however, we agree with the opinion and
recommendation of the Air National Guard 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 AFBCMR Docket Number BC-
2003-01206 in Executive Session on 16 September 2003, under the
provisions of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Charlie E. Williams, Jr., Member
Mr. Christopher Carey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Apr 03, w/atchs.
Exhibit B. Letter, ANG/DP, dated 28 Jul 03, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 8 Aug 03.
JOSEPH G. DIAMOND
Panel Chair
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