Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-01206
Original file (BC-2003-01206.doc) Auto-classification: Denied





                       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

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-01426

    Original file (BC-2003-01426.doc) Auto-classification: Denied

    The commander recommended the applicant be discharged with a general, (Under Honorable Conditions) discharge. We took notice of the applicant's complete submission in judging the merits of the case and while we sympathize with his situation at the time and appreciate his efforts to care for his family, there was simply no evidence presented that justified granting the requested relief; subsequently, we agree with the opinion and recommendation of the Air National Guard office of primary...

  • AF | BCMR | CY2004 | BC-2003-02841

    Original file (BC-2003-02841.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02841 INDEX CODE: 112.10 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment (RE) code be changed from “ineligible” to “eligible.” _________________________________________________________________ APPLICANT CONTENDS THAT: He made a costly and grave mistake before leaving for Basic...

  • AF | BCMR | CY2003 | BC-2003-01325

    Original file (BC-2003-01325.doc) Auto-classification: Denied

    He states that three months later he received an informal discharge document that stated “General (under honorable conditions).” The discharge needs to be changed, as he believed himself to be in good standing. _________________________________________________________________ STATEMENT OF FACTS: The applicant contracted his enlistment in the -- ANG on 4 November 1987 after voluntarily leaving the Regular Air Force under the Palace Chase program. We took notice of the applicant's complete...

  • AF | BCMR | CY2003 | BC-2002-03770

    Original file (BC-2002-03770.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: His dental work, done while on active duty was not completed. DPPI notes that the -- ANG maintains that the applicant was a “no show” for at least four of his dental appointments during his active duty tour. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air National Guard office of primary...

  • AF | BCMR | CY2003 | BC-2002-03037

    Original file (BC-2002-03037.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03037 INDEX CODE: COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC), discharge be upgraded to honorable. As a result, on 23 May 1982, a review panel made up of members from the HQ --- National Guard reviewed the applicant’s case and recommended he be...

  • AF | BCMR | CY2003 | BC-2002-03982

    Original file (BC-2002-03982.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03982 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general, under honorable conditions, discharge be upgraded to honorable. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. Therefore, we agree with the opinion and...

  • AF | BCMR | CY2004 | BC-2003-03719

    Original file (BC-2003-03719.doc) Auto-classification: Denied

    We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air National Guard and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error...

  • AF | BCMR | CY2004 | BC-2003-01288

    Original file (BC-2003-01288.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: The applicant was discharged from the TN ANG for unsatisfactory participation on 31 May 1997 after serving seven years, nine months, and six days of combined Reserve component and Regular Air Force service. We took notice of the applicant's complete submission in judging the merits of the case and while we sympathize with the applicant’s civilian employment predicament at the time, there is simply no...

  • AF | BCMR | CY2003 | BC-2003-01588

    Original file (BC-2003-01588.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: The applicant contracted his enlistment in the --- Air National Guard (-- ANG) on 16 December 1994. On 17 November 1996, he was notified by letter of counseling (LOC) by his First Sergeant of an outstanding debt on his government Master Card in the amount of $1,495. Applicant’s complete response is attached at Exhibit E. _________________________________________________________________ THE BOARD CONCLUDES...

  • AF | BCMR | CY2003 | BC-2003-01031

    Original file (BC-2003-01031.doc) Auto-classification: Approved

    He was provided a general (Under Honorable Conditions) discharge from the -- ANG effective 15 February 2002. Therefore, we recommend the applicant's records be corrected to the extent indicated below. Michael K. Gallogly Panel Chair DEPARTMENT OF THE AIR FORCE WASHINGTON DC [pic] Office Of The Assistant Secretary AFBCMR BC-2003-01031 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the...