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AF | BCMR | CY2003 | BC-2003-01522
Original file (BC-2003-01522.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01522

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable  conditions)  discharge  be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He thinks enough time has passed for an upgrade of his discharge.   He
understands that his conduct was unbecoming of an airman in the  armed
forces of the United States.  He has been denied jobs because  of  his
discharge.

In support of  his  request,  he  submits  a  copy  of  DD  Form  293,
Application for the Review of Discharge or Dismissal  From  the  Armed
Forces of the United States.

Applicant’s complete application, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
30 December 1980.  The applicant was  involuntarily  discharged  under
the provision of AFR 39-10 (misconduct  –  drug  abuse)  with  service
characterized as general (under honorable conditions) in the grade  of
airman.  He served 3 years, 2 months  and  21  days  of  total  active
military service.

On 5 January 1984, the applicant was notified by his commander that he
was  recommending  the  applicant  for  a  discharge  for  misconduct,
specifically drug abuse.  The  basis  for  the  action  was  that  the
applicant received an Article 15, dated 14 December 1983, for wrongful
use of cocaine.  On 25 January 1984, applicant waived his right to  an
administrative discharge board contingent  upon  receiving  a  general
discharge.  He did not submit statements on  his  behalf.   A  general
discharge  was  recommended  because  the  applicant  had   no   prior
disciplinary actions. His  commander  recommended  acceptance  of  the
waiver.  The case was received by the base legal services and found to
be legally sufficient to  support  the  discharge.   They  recommended
acceptance  of   the   waiver.    After   reviewing   the   case   and
recommendations, the Discharge Authority approved the discharge on  16
March 1984 and ordered a general discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  The applicant did not submit  any  new
evidence or identify any errors or injustices  that  occurred  in  the
discharge proceedings.  He provided no facts warranting an upgrade  of
the discharge.

AFPC/DPPRS complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was provided to the applicant on  3
June 2003 for review and comment.  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 that failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice warranting an  upgrade  in  his
discharge.   The  records  reflect  that   the   commander   initiated
administrative actions  based  on  information  he  determined  to  be
reliable and that administrative actions were  properly  accomplished.
The  applicant  was  afforded  all  rights  granted  by  statute   and
regulation.  We are not persuaded by the evidence presented  that  the
commander abused his discretionary authority  when  he  initiated  the
discharge action, and since we find no abuse  of  that  authority,  we
find no reason to overturn the commander’s decision.   We  agree  with
the opinions and recommendation of  the  Air  Force  and  adopt  their
rationale as the basis for our decision that the applicant has  failed
to sustain his burden  of  having  suffered  either  an  error  or  an
injustice.  Therefore, in absence of evidence to the contrary, we find
no basis to recommend granting the relief sought.

_________________________________________________________________



THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of a 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-
01522 in Executive Session on 29 July 2003, under  the  provisions  of
AFI 36-2603:

                 Ms. Olga M. Crerar, Panel Chair
                 Mr. Vaughn E. Schlunz, Member
                 Mr. John L. Robuck, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, undated, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, 27 May 03.
      Exhibit D. Letter, SAF/MRBR, dated 3 Jun 03.





      OLGA M. CRERAR
      Panel Chair

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