RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01676
COUNSEL: NONE
HEARING DESIRED: Not Indicated
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was inequitable because it was based on one isolated
incident in his seven and a half years of service.
In support of his application, he submits a DD Form 293, Application
for the Review of Discharge or Dismissal From the Armed Forces of the
United States.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
3 July 1981. On 12 July 1984, the applicant was discharged under the
provisions of AFM 39-12 (Misconduct-Drug Abuse), with service
characterized as under honorable conditions in the grade of senior
airman. He served 7 years, 5 months and 29 days of total active
military service.
On 9 March 1984, applicant's commander recommended discharge for drug
abuse. The basis for the action was on or about 29 December 1983,
applicant provided a urine sample for a commander-directed urinalysis
and tested positive for marijuana. For this he received a letter of
reprimand on 13 February 1984. While this may be used as a basis for
discharge, it cannot be considered for characterization of the
discharge. He received an Article 15 on 6 January 1984 for Driving
While Intoxicated and was reduced from staff sergeant to sergeant on 1
February 1984. Applicant consulted with his area defense attorney
and on 8 May 1984, applicant submitted a conditional waiver of his
administrative discharge board contingent upon receiving no less than
a general discharge. The SJA and his commander reviewed the case and
it was found legally sufficient to support the discharge. The
numbered Air Force JA reviewed the case and recommended approval of
his conditional waiver. Probation and rehabilitation (P&R) were not
recommended. The Discharge Authority concurred with the
recommendations and ordered a general discharge without P&R on 25 June
1984.
On 23 March 1988, the Air Force Discharge Review Board reviewed and
denied the applicant's request for upgrade.
_________________________________________________________________
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 processing. Additionally, he provided no facts warranting
an upgrade of his discharge. Accordingly, they recommend his records
remain the same and his request be denied. He has not filed a timely
request.
AFPC/DPPRS complete evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 27 June 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, the Board excused
the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice. After a thorough review of
the evidence of record and applicant’s submission, we are not
persuaded that his discharge should be upgraded to honorable. The
applicant has not established by his submission that his commander
abused his discretionary authority, and since we find no abuse of that
authority, there is no compelling reason to overturn the commander’s
decision. We agree with the opinions and recommendations 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 probable 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-
01676 in Executive Session on 21 August 2003, under the provisions of
AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Brenda L. Romine, Member
Mr. Roscoe Hinton, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Jun 03, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 16 Jun 03.
Exhibit D. Letter, SAF/MRBR, dated 27 Jun 03.
RICHARD A. PETERSON
Panel Chair
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