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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