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AF | BCMR | CY2003 | BC-2003-01481
Original file (BC-2003-01481.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01481
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general  under  honorable  conditions  discharge  be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The  current  discharge   status   has   restricted   his   employment
opportunities or has disqualified his application altogether.  He is a
police officer in the state of  Oregon,  and  employment  applications
have been denied due to type of discharge.

Applicant did not submit any  documents  in  support  of  the  appeal.
Applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force Reserve and the Air National Guard
on 7 January 1991.

On 20 August 1993, the commander notified the applicant  that  he  was
recommending his discharge from the Air National Guard of  the  United
States and as a Reserve of the Air National Guard according to ANGR 39-
10, under the provisions  of  Chapter  8,  Involuntary  Discharge  for
Cause, Section C, Misconduct, paragraph 8-17, Drug Abuse.  Reason  for
this action is the result of the random urinalysis  test  administered
on 18 April 1993, which was found to be positive for marijuana.

The applicant was discharged from the Air National Guard and  the  Air
Force Reserve in the grade of  senior  airman  on  2  June  1994.   He
received a general (under honorable conditions) discharge.  He  served
a total of 3 years, 4 months and 26 days of service for pay.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPPI states that the applicant was involuntarily  discharged  from
the Air National Guard in accordance with ANGR  39-10,  Administrative
Separation of Airmen, dated 15 September 1987, Para 8-17, “Airman will
be processed or discharged for misconduct based on drug abuse.”  Based
on the provisions of the governing regulation and the  information  in
the applicant’s discharge case file,  they  recommend  denial  of  his
request.  A complete copy of the evaluation, with attachments,  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 29 August 2003, a copy of the Air Force evaluation was forwarded to
the applicant for review and response 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 error or injustice.  Evidence has not been  presented
which would lead us to believe that  the  applicant’s  general  (under
honorable  conditions)  discharge  was  erroneous  or   unjust.    The
available evidence indicates that the applicant’s discharge was  based
on a positive urinalysis for marijuana, a serious act  of  misconduct.
He is  now  seeking  an  upgrade  to  his  discharge  to  qualify  for
employment  opportunities.   However,  he  has  provided  no  evidence
showing his discharge was improper or contrary to  the  provisions  of
the governing regulation at the time  it  was  effected  or  that  his
commanders abused their discretionary authority.  Furthermore, he  has
provided no evidence which would lead us to believe that he has made a
successful  post-service  adjustment  in  the  years   following   his
separation.  Therefore,  we  have  no  basis  on  which  to  favorably
consider his request.

_________________________________________________________________

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  this  application,  BC-
2003-01481, in Executive Session  on  30  September  2003,  under  the
provisions of AFI 36-2603:

                       Mr. David C. Van Gasbeck, Panel Chair
                       Mr. Roscoe Hinton, Jr., Member
                       Mr. Mike Novel, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 12 May 03.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, ANG/DPPI, dated 19 Aug 03, w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 29 Aug 03.




                             DAVID C. VAN GASBECK
                             Panel Chair

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