Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2004-01798
Original file (BC-2004-01798.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-01798
            INDEX NUMBERS: A01.03 & 110.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He has never experimented or taken illegal drugs.  The  airman  driving  the
car he was in handed him the drugs and asked him to throw them out.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular  Air  Force  on  10 March
1971, for a period of four years.  On 13 October 1972,  he  was  apprehended
by the Washington State  Police  and  was  charged  with  possession  of  an
undetermined amount of mescaline, 7 grams of  marijuana,  and  alcohol.   He
was  convicted  of  unlawful  possession  of  a  controlled  substance   and
possession of intoxicants by civil authorities.   He  was  placed  in  civil
confinement from 13 to 16 October 1972.   During  a  medical  evaluation  on
20 October 1972, he admitted  to  daily  use  of  marijuana  for  enjoyment,
frequent use of  mescaline  and  Lysergic  acid  diethyl  amide  (LSD),  and
experimentation with amphetamines and barbiturates.   He  was  offered  drug
rehabilitation on 27 October 1972, but refused to  enter  the  program.   On
6 November 1972, the commander notified him that he  was  being  recommended
for discharge due to his misconduct, i.e., civil conviction  for  possession
of a controlled substance and possession of intoxicants, and his refusal  to
enter drug rehabilitation.  He received a general  discharge  on  4 December
1972, under the provisions of AFM 39-12, Chapter 2, Section a, paragraph  2-
4c.  He completed a total of  1  year,  8  months  and  25  days  of  active
service, which excludes four days lost time (civil confinement 13  - 16  Oct
72).  He was serving in the grade of airman first class (E-3)  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 within  the  discretion  of  the  discharge
authority.  Furthermore, the applicant has not  submitted  any  evidence  or
identified  any  errors  or  injustices  that  occurred  in  the   discharge
processing.

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 1 July 2004 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.  Applicant’s contentions are duly  noted.   However,  the
office of primary responsibility has adequately  addressed  his  contentions
and we agree with their opinion and adopt the  rationale  expressed  as  the
basis for our decision that the applicant has failed to sustain  his  burden
that he has suffered either an error or an injustice.   Hence,  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 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-2004-01798
in Executive Session on 17 August 2004, under  the  provisions  of  AFI  36-
2603:

                       Mr. Roscoe Hinton, Jr., Panel Chair
                       Ms. Renee M. Collier, Member
                       Mrs. Barbara R. Murray, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 May 04.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 25 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.




                                   ROSCOE HINTON, JR.
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2004 | BC-2004-00149

    Original file (BC-2004-00149.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends the application be denied and states, in part, that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. The AFPC/DPPRS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: A complete copy...

  • AF | BCMR | CY2004 | BC-2004-00087

    Original file (BC-2004-00087.doc) Auto-classification: Denied

    _________________________________________________________________ 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant upgrading his RE code. _________________________________________________________________ The following members of the...

  • AF | BCMR | CY2004 | BC-2003-04109

    Original file (BC-2003-04109.doc) Auto-classification: Denied

    He received a general discharge on 7 November 1985, under the provisions of AFR 39-10 (Misconduct - Pattern Conduct Prejudicial to Good Order and Discipline). However, as of this date, this office has received no response. After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we find no evidence of error or injustice.

  • AF | BCMR | CY2004 | BC-2003-03507

    Original file (BC-2003-03507.doc) Auto-classification: Approved

    On 7 Oct 92, the Air Force Discharge Review Board (AFDRB) denied the applicant’s request for upgrade of his discharge to honorable. They also noted applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing and provided no other facts warranting an upgrade of the discharge. After careful consideration of the evidence of record, we found no evidence that the actions taken to effect the applicant’s discharge were improper or...

  • AF | BCMR | CY2005 | BC-2004-02560

    Original file (BC-2004-02560.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02560 INDEX NUMBER: 110.00 XXXXXXX COUNSEL: None XXXXXXX HEARING DESIRED: Yes _________________________________________________________________ APPLICANT REQUESTS THAT: She be reinstated to active duty or, in the alternative, be granted a Reenlistment Eligibility (RE) code that will allow her to enter the Reserves. On 23 Jun 04, the CCQ recommended to the training...

  • AF | BCMR | CY2005 | BC-2004-02867

    Original file (BC-2004-02867.doc) Auto-classification: Denied

    On 24 Feb 97, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request to have his discharge upgraded to honorable. A complete copy of the evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 15 Oct 04 for review and comment within 30 days. Based on his overall record of service, the contents of the FBI...

  • AF | BCMR | CY2005 | BC-2003-00256

    Original file (BC-2003-00256.doc) Auto-classification: Denied

    On 17 Apr 69, after consulting with counsel, applicant submitted a request for discharge for the good of the service. Based on the documentation in the file, they found the discharge consistent with the procedural and substantive requirements of the discharge regulation. At that time, the applicant was also invited to provide additional evidence pertaining to his activities since leaving the service (Exhibit F).

  • AF | BCMR | CY2005 | BC-2004-03703

    Original file (BC-2004-03703.doc) Auto-classification: Denied

    He received four Airman Performance Reports (APRs) closing 28 July 1981, 18 July 1982, 3 February 1983 and 26 August 1983, in which the overall evaluations were “9,” “9,” “9,” and “8.” On 16 September 1983, applicant’s commander notified him that he was recommending discharge from the Air Force for misconduct. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS states based on the documentation on file in the master personnel records, the...

  • AF | BCMR | CY2003 | BC-2003-03242

    Original file (BC-2003-03242.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: He has been afflicted with the disease of alcoholism and substance abuse since he was 14 years old. On 20 April, 13 May, and 14 September, the member wrongfully possessed marijuana and received three letters of reprimand. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that his discharge should be upgraded to honorable.

  • AF | BCMR | CY2004 | BC-2002-04071

    Original file (BC-2002-04071.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-04071 INDEX NUMBER: 107.00 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The Air Force Achievement Medal, First Oak Leaf Cluster (AFAM, 1 OLC), awarded for the period 24 April 1999 to 23 April 2001, be upgraded to an Air Force Commendation Medal, Second Oak Leaf Cluster (AFCM, 2 OLC),...