RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-02395
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told that his discharge could be upgraded after six months.
The applicant's submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant contracted his enlistment in the Air National Guard on
31 July 1997. He was progressively promoted to the grade of Senior
Airman (SRA/E-4) with an effective date and date of rank of 1 August
1998.
The applicant participated in drug abuse testing on 10 July 1999 in
which the results returned positive on 27 July 1999.
Applicant’s NGB Form 22, Report of Separation and Record of Service,
reflects that he received a general discharge on 31 May 2000 under the
provisions of AFI 36-3209, para 3.21.3.2 (Misconduct - Drug Abuse).
He had completed 2 years and 10 months and was serving in the grade of
SRA at the time of discharge.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPFP recommends denial. DPFP cites 36-3209, Attachment 2,
paragraph A.2.2.2, and states that since drug abuse is not compatible
with Air National Guard standards, the service characterization given
was appropriate for the conditions.
ANG/DPFP evaluation, with attachments, is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
10 January and 13 March 2003 for review and comment within 30 days.
As of this date, there has been no response 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice warranting an upgrade in his
discharge. 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 National Guard office of primary
responsibility and adopt their rationale as the basis for our
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 AFBCMR Docket Number BC-
2002-02395 in Executive Session on 1 April 2003, under the provisions
of AFI 36-2603:
Mr. Thomas E. Markiewicz, Vice Chair
Mr. Vaughn E. Schlunz, Member
Ms. Patricia D. Vestal, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Aug 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ANG/DPFP, dated 30 Sep 02, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 13 Mar 03.
THOMAS S. MARKIEWICZ
Vice Chair
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