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AF | BCMR | CY2003 | BC-2003-02213
Original file (BC-2003-02213.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02213
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  under  other  than  honorable  conditions  (UOTHC)  discharge  be
changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

A small hydraulic jack was found in the trunk  of  his  car.   He  was
young, dumb, and stupid.

Applicant did not provide any documents in support of the appeal.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 4 September 1974 in the
grade of airman basic for a period of six years.  He was  promoted  to
the grade of airman first class on 17 October 1974, and the  grade  of
senior airman on 1 August 1976.  He received  two  Airman  Performance
Reports (APRs) closing 29 May 1975 and  29  May  1976,  in  which  the
overall evaluations were “9” and “6.”

He received nonjudicial punishment under Article  15,  dated  15 April
1977, for failure to go to appointed place of duty on 29 and 30  March
1977 and disobeying a lawful order.  Punishment consisted of reduction
to airman first class.  He did not appeal the punishment.

Applicant’s Chronological Record of Medical Care indicates he  had  an
alcohol/drug abuse interview on 12 November 1976.  On  27 April  1977,
he underwent a physical examination  for  the  purpose  of  separation
under AFR 39-12.  In the Notes Section, it was indicated the applicant
reported numerous instances of illegal drug use.

The applicant, while serving in the grade of Airman First  Class,  was
separated from the Air Force under  other  than  honorable  conditions
(UOTHC) on  27  May  1977.   His  SPD  reveals  separation  under  the
provisions of AFR 39-12, Section F, Request for Discharge in  Lieu  of
Trial by Courts-Martial.  He was assigned  an  RE  code  of  2P  which
reveals separation under the  provisions  of  AFR  39-10  as  marginal
performer or to preserve good  order  ahd  discipline.   He  served  2
years, 8 months and 22 days of total active service.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, provided an investigative report which is attached  at
Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent  with
the  procedural  and  substantive  requirements   of   the   discharge
regulation.  Additionally, the discharge was within the discretion  of
the  discharge  authority.   Therefore,  they  recommend   denial   of
applicant’s request.

A complete copy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 October 2003, a copy of the Air Force evaluation  was  forwarded
to the applicant for review and response  within  30  days  and  on  5
November 2003, a copy of the FBI Report was forwarded for  review  and
response within 14 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;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  the  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  this  application  in
Executive Session on 17 December 2003, under the provisions of AFI 36-
2603:

                       Mr. David C. Van Gasbeck, Panel Chair
                       Mr. E. David Hoard, Member
                       Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 2 Sep 03.
      Exhibit B. Applicant's Available Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 29 Sep 03.
      Exhibit E. Letter, SAF/MRBR, dated 10 Oct 03.
      Exhibit F. Letter, AFBCMR, dated 5 Nov 03.




                             DAVID C. VAN GASBECK
                             Panel Chair



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