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AF | BCMR | CY2004 | BC-2003-03639
Original file (BC-2003-03639.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-03639
            INDEX NUMBER: 100.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Throughout the processing of his discharge,  there  was  always  a  lack  of
legal representation on the base.  As a result, all of his legal advice  was
received over the phone.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  7
June 1974.  He was progressively promoted to the  grade  of  staff  sergeant
with an effective date and date of rank of 1 December 1980.

On 6 August 1982, the applicant received  notification  that  he  was  being
recommended for discharge for drug abuse.  The commander’s reasons  for  the
action were the two  Article  15s  the  applicant  received  for  wrongfully
possessing marijuana  on  21  August  1979  and  18  June  1982,  unlawfully
striking a special agent of the Office of Special Investigation  (OSI),  and
failing to go at the time prescribed to his appointed  place  of  duty;  and
the Letter of Reprimand (LOR) he received  for  assaulting  his  wife.   The
commander approved his waiver of his rights to an  administrative  discharge
board hearing contingent upon  his  receipt  of  a  general  discharge.   He
received a general discharge on 29 October 1982,  under  the  provisions  of
AFM 39-12 (Misconduct Drug Abuse - Board Waiver).  He had completed a  total
of 8 years, 4 months, and 23 days of active service.  He was serving in  the
grade of senior airman (E-4) at the time of discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and  states,  in  part,  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation and was within the discretion of  the  discharge
authority.  The applicant has not submitted any evidence or  identified  any
errors or injustices that occurred in the processing of his discharge.

The AFPC/DPPRS 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 19 December 2003 for review and response within 30 days.  However, as  of
this date, this office has received no response.

_________________________________________________________________

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.  After a thorough review  of  the  evidence
of record and applicant’s submission,  we  are  not  persuaded  that  relief
should be granted.  In this respect, we note the discharge appears to be  in
compliance  with  the  governing  manual  in  effect  at  the  time  of  his
separation and we find no evidence to indicate that his separation from  the
Air Force was inappropriate.  We find no evidence of error in this case  and
after thoroughly reviewing the documentation  that  has  been  submitted  in
support of applicant's appeal, we do not believe he  has  suffered  from  an
injustice.  Therefore, based on the available evidence of  record,  we  find
no basis upon which to favorably consider 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  Docket  Number  BC-2003-03639
in Executive Session on 4 February 2004, under the  provisions  of  AFI  36-
2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Ms. Mary Johnson, Member
                       Ms. Rita S. Looney, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 16 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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