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AF | BCMR | CY2003 | BC-2003-03202
Original file (BC-2003-03202.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03202
            INDEX CODE:  A67.70

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He acknowledges the error of his ways and  has  become  a  responsible
adult.  He now desires to be employed by  the  government.   He  feels
that his discharge would greatly affect his chance of employment.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 20 Nov 86 for a  period
of four years in the grade airman basic.

On 24 Aug 88, the applicant’s  commander  notified  him  that  he  was
recommending that the applicant be discharged  for  drug  abuse.   The
reason for this action was that on or about 10 Jul 88 to about 22  Jul
88, he wrongfully used marijuana, for which he received an Article  15
on 18 Aug 88.  The applicant was advised of his rights in  the  matter
and that a general discharge would be recommended.

In a legal review of the discharge case file,  dated  1  Sep  88,  the
office of  the  Staff  Judge  Advocate  found  the  file  was  legally
sufficient and recommended that the applicant  be  discharged  with  a
general discharge.

On 8 Sep 88, the discharge authority approved the discharge action and
directed that the applicant be furnished a general discharge.

On 9 Sep 88, the applicant was discharged under the provisions of  AFI
36-3208 (Misconduct – Drug Abuse) and furnished a  general  discharge.
He was credited with 1 year, 9 months, and 19 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRSP recommended denial.  Based on  the  documentation  in  the
file,  they  believe  that  the  discharge  was  consistent  with  the
procedural and substantive requirements of the  discharge  regulation,
and was within  the  discretion  of  the  discharge  authority.   They
indicated that 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
in his discharge.

A complete copy of the AFPC/DPPRSP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  31
Oct 03 for review and response.  As of this date, no response has been
received by this office (Exhibit D).

_________________________________________________________________

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.  The evidence of record indicates
that the applicant was involuntarily discharged for  misconduct  after
receiving nonjudicial punishment under Article 15 for wrongfully using
marijuana.  There is no indication in the evidence provided  that  the
applicant’s discharge was improper or contrary to  the  provisions  of
the discharge directive under which it was effected.  Furthermore, due
to the lack of documentation concerning his activities  since  leaving
the service, we are not inclined to recommend upgrading his  discharge
based on clemency at this time.  Therefore, in the absence of evidence
that the  applicant's  substantial  rights  were  violated,  that  the
information contained in the discharge case  file  was  erroneous,  or
that his superiors abused their discretionary authority,  we  find  no
basis to act favorably on the applicant’s request for upgrade  of  his
general discharge to honorable.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2003-03202 in Executive Session on 18 Dec 03, under the provisions  of
AFI 36-2603:

      Ms. Carolyn J. Watkins-Taylor, Panel Chair
      Mr. Roscoe Hinton, Jr., Member
      Ms. Martha J. Evans, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Sep 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRSP, dated 20 Oct 03.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Oct 03.




                                   CAROLYN J. WATKINS-TAYLOR
                                   Panel Chair



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