RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03279
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general  (under  honorable  conditions)  discharge  be  upgraded  to  an
honorable discharge and his narrative reason for separation be changed  from
Drug Abuse to Time Served.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires his discharge upgraded and narrative reason changed.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air  Force  on  11  February  1983  for  a
period of four (4) years.

On 20 October 1983, the applicant was notified of his commander’s intent  to
impose nonjudicial punishment upon him for the following:  He did, at  Eglin
Air Force Base, Florida, on or about 14  October  1983,  wrongfully  possess
some amount of marijuana.

After consulting with counsel, applicant waived his  right  to  a  trial  by
court-martial, submitted a written presentation in his behalf and  requested
to make a personal appearance.  However,  he  did  not  desire  that  it  be
public.

On 3 November 1983, he was found guilty by his  commander  who  imposed  the
following  punishment:  Reduction  to  the  grade  of  airman  basic  and  a
forfeiture of $75.00 per month for two months.  Reduction to  the  grade  of
airman basic was suspended until 2 May 1984,  at  which  time  it  would  be
remitted without further action unless sooner vacated.

The applicant did not appeal the punishment.  The Article 15  was  filed  in
his Unfavorable Information File (UIF).

On 3 September 1985, the applicant was notified of  his  commander’s  intent
to impose nonjudicial punishment  upon  him  for  the  following:   He  did,
within the territorial limits of the United States, between  30  April  1985
and  30  May  1985,  wrongfully  use  marijuana,  a  schedule  I  controlled
substance.

After consulting with counsel, applicant waived his  right  to  a  trial  by
court-martial, he requested to make a personal appearance and  desired  that
it be public.  He did not submit a written presentation in his behalf.

On 9 September 1985, he was found guilty by his commander  who  imposed  the
following punishment: Reduction to the grade of airman  and  14  days  extra
duty.

The applicant did not appeal the punishment and the Article 15 was filed  in
his Unfavorable Information File (UIF).

On 10 September 1985, the applicant was notified of his  commander's  intent
to initiate discharge action against him for Drug Abuse.   Specific  reasons
are listed above and as follows:

        He had not  been  able  to  conform  to  standards  of  bearing  and
behavior expected of Air Force  members  as  evidenced  by:   On  14 October
1983, he submitted a urine specimen for drug testing  which  resulted  in  a
positive test for marijuana, as evidenced by USAF Regional Hospital  letter,
8 November 1983.  On 20 August 1985, he submitted a urine specimen for  drug
testing which resulted in a positive test for marijuana, as evidenced by  AF
Form 2734, 21 August 1985.

The commander indicated in his  recommendation  for  discharge  that  before
recommending the discharge he had given the  applicant  all  opportunity  to
reform through counseling devices and the drug rehabilitation program.   The
commander did  not  recommend  probation  and  rehabilitation  according  to
chapter 7.  The applicant had not  displayed  the  necessary  motivation  to
succeed in the rehabilitation program.

The commander advised the applicant of his right to  consult  legal  counsel
and submit statements in his own behalf, or waive  the  above  rights  after
consulting with counsel.

After consulting with counsel the  applicant  waived  his  right  to  submit
statements in his own behalf.

On 30  September  1985,  the  Staff  Judge  Advocate  recommended  that  the
applicant  be  separated  with  a  general  (under   honorable   conditions)
discharge without probation and rehabilitation.

On 15 October 1985, the discharge authority approved the discharge.

Applicant was discharged on 27 January 1986, in the grade of airman  with  a
general (under honorable conditions) discharge, under the provisions of  AFR
39-10 (Misconduct - Drug Abuse).  He served 2 years, 11 months and  17  days
of total active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRSP recommended denial.   They  indicated  that  based  upon  the
documentation in the file, 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.  The applicant did not submit any new evidence  or  identify  any
errors  or  injustices  that  occurred  in  the  discharge  processing.   He
provided no facts warranting an upgrade is his discharge.  He has not  filed
a timely request.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 October 2003, a copy of the Air Force evaluation was forwarded to  the
applicant for review and response 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, 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 an 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 our conclusion that the applicant  has  not  been
the  victim  of  an  error  or  injustice.   The  applicant  has  failed  to
demonstrate that the commander exceeded his authority  or  that  the  reason
for the discharge was inaccurate or unwarranted.  The  Board  believes  that
responsible  officials  applied  appropriate  standards  in  effecting   the
separation, and the Board does not find persuasive evidence  that  pertinent
regulations were violated or that the applicant was  not  afforded  all  the
rights to which entitled at  the  time  of  discharge.   Therefore,  in  the
absence of evidence  to  the  contrary,  we  find  no  compelling  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 an error or an 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-
03279 in Executive Session on 22 January 2004, under the provisions  of  AFI
36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Gregory H. Petkoff, Member
                 Mr. Albert Ellett, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 October 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRSP, dated 21 October 2003,
   Exhibit D.  Letter, SAF/MRBR, dated 31 October 2003.




                       MICHAEL K. GALLOGLY
                       Panel Chair