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AF | BCMR | CY2004 | BC-2003-02875
Original file (BC-2003-02875.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02875

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable  conditions)  discharge  be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The circumstances surrounding his discharge did not warrant a  general
discharge. He never received a letter of reprimand nor an Article  15.
He was not a problem airman with the military at all, but made a  huge
mistake that altered his life.

In support of the request, he submits a copy of DD  Form  214,  and  a
letter of support from his brother.

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
14 January 1998.  On 29 October 2002,  the  applicant  was  discharged
under the provisions of  AFI  36-3208,  Administrative  Separation  of
Airmen (misconduct), with  service  characterized  as  general  (under
honorable conditions) in the grade of airman first class.  He served 4
years, 9 month and 16 days of total active military service.

On 18 October 2002, applicant's commander recommended discharge due to
drug abuse.  Between 1  July  2002  and  1  August  2002,  the  member
wrongfully used marijuana and also wrongfully possessed less than  one
gram of marijuana on 20 August 2002.  He received an Article 15 with a
reduction to the grade of airman first class.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPRSP recommended denial and stated based upon the documentation
in the file, the discharge was  consistent  with  the  procedural  and
substantive requirements of the discharge regulation.  Additional, the
discharge was within the sound discretion of the discharge  authority.
The applicant did not submit any new evidence or identify  any  errors
or injustices that occurred in the discharge processing.  He  provided
no other facts warranting an upgrade of the  discharge.   Accordingly,
they recommends his records remain the same and his request be denied.


AFPC/DPPRSP complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 20 November 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 warranting an  upgrade  in  his
discharge.   The  records  reflect  that   the   commander   initiated
administrative actions  based  on  information  he  determined  to  be
reliable and the 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 opinion 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-
02875 in Executive Session on 20 January 2004, under the provisions of
AFI 36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Ms. Jean A. Reynolds, Member
                 Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 23 Jul 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRSP, dated 20 Nov 03.
      Exhibit D. Letter, SAF/MRBR, dated 5 Dec 03.






      ROBERT S. BOYD
      Panel Chair


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