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AF | BCMR | CY2005 | BC-2004-01698
Original file (BC-2004-01698.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01698
            INDEX CODE:  136.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  records  be  corrected  to  show  he  was  retired,  rather  than
discharged.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wrongly accused and not given a chance to  prove  himself.   He
states that he volunteered to take a drug test himself.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 7 March 1969, the applicant enlisted in the Regular  Air  Force  in
the  grade  of  airman  basic  for  a  period  of  4  years.   He  was
progressively promoted to the grade of sergeant (E-4),  effective  and
with a date of rank of 1 January 1971.   During  this  enlistment,  he
received seven Airman Performance  Reports  (APRs)  for  the  combined
rating period 7 March 1969 through 21 June 1973, in which the  overall
evaluations were 8,6, 9, 9, 8, 8 and 3.  He received one  disciplinary
punishment on 10 July 1973 consisting  of  forfeiture  of  $50.00  per
month for two months on 6 June 1973 for striking another individual on
the chin with his fist.  He was honorably discharged on 25  June  1974
under the provisions of AFM 39-10, involuntary discharge of first term
airman denied reenlistment.  He had served 5 years, 3  months  and  19
days on active duty.

On 25 September 1974, the applicant enlisted in the Regular Air  Force
in the grade of sergeant (E-4) for a period of 4 years.  He  continued
to enlist and serve on active duty, entering his last enlistment on  2
April 1985, when he reenlisted for  a  period  of  4  years.   He  was
promoted to the grade of staff sergeant (E-5), effective  and  with  a
date of rank of 1 February 1979.   Prior  to  his  promotion  to  that
grade, he received six APRs, in which the overall evaluations were  8,
8, 6, 8, 8, and 7.  Subsequent to his promotion to staff sergeant, for
the combined rating period 6 October 1978 through 14  September  1987,
he received 11 APRs, in which the overall evaluations were 8, 9, 9, 8,
9, 8, 8, 9, 8, 9, and 8.

On 15 April 1985, the applicant was entered into the Weight Management
Program.  His entry weight was 238 pounds and  his  maximum  allowable
weight was 212 pounds.  During the course of his participation, he had
unsatisfactory  weigh-ins  in  June,  July,  September,  October   and
December 1985, June, August and October 1986, and January,  April  and
July 1987.

On 4 June 1987, the applicant’s commander notified  the  applicant  he
was considering the imposition of nonjudicial punishment on him  under
Article 15, UCMJ for wrongful use of marijuana on or  about  13  April
1987.  (Information maintained in the file indicates  the  charge  was
based on a positive urinalysis for marijuana from a specimen  provided
by the applicant on 13 April 1987.)  The applicant was advised of  his
rights.  The applicant  declined  to  consult  counsel,  accepted  the
nonjudicial proceedings, and indicated he did not desire  to  make  an
oral presentation to the commander or to submit written  comments  for
review.  On 5 June 1987, the commander determined  the  applicant  had
committed the alleged offense and imposed punishment on the applicant.
 He was reduced in grade to sergeant (E-4) and was ordered to  forfeit
$509.00 per month for two months.  The applicant elected not to appeal
the punishment.

On 15 September 1987, applicant’s commander notified him that  he  was
recommending discharge from the Air Force under the provisions of  AFR
39-10 for drug abuse and unsatisfactory performance in the  Air  Force
Weight Management Program.  The applicant was advised of  his  rights.
The commander indicated that an other  than  honorable  discharge  was
possible and that a general discharge would be recommended.  Applicant
acknowledged receipt of the notification on  15  September  1987.   On
23 September 1987, after consulting legal counsel, applicant submitted
a conditional waiver of the rights associated with  an  administrative
discharge board hearing contingent upon receipt of  no  less  than  an
under honorable conditions (general) discharge.  The group staff judge
advocate reviewed the case and found it legally sufficient to  support
discharge action.  This officer recommended separation with  an  under
honorable  conditions  (general)  discharge  without   probation   and
rehabilitation (P&R).  The group commander forwarded the case file for
further review with a recommendation that the proposed  separation  be
approved.  In a legal review  of  the  discharge  case  file  dated  4
November 1987, the numbered Air Force staff judge advocate  found  the
file legally sufficient, recommended that the applicant’s  conditional
waiver be accepted and suggested the separation authority  adopt  drug
abuse as the primary reason for discharge and  that  he  be  issued  a
General Discharge certificate.  The discharge authority  accepted  the
conditional  waiver  and,  on  9  November  1987,  directed  an  under
honorable conditions (general) discharge because of drug abuse without
P&R.   The  case  was  forwarded   for   lengthy   service   probation
consideration according to AFR 39-10, Section F, Chapter 6.

In a legal review of the file dated 23 November 1987, the Director  of
Adverse Actions of the major  air  command  recommended  the  case  be
forwarded with a recommendation that the discharge be executed without
suspension for probation and rehabilitation.  The major air  commander
concurred  with  this  recommendation.   On  21  December  1987,   the
Secretary of the Air Force directed that the  approved  administrative
discharge pursuant to AFR 39-10 be executed.  The Secretary of the Air
Force denied lengthy service probation.

The applicant was separated from the Air  Force  on  11  January  1988
under the provisions of AFR 39-10, Administrative Separation of Airmen
(misconduct  –  drug  abuse),  with  an  under  honorable   conditions
(general) discharge.  He served 18 years 7 months and 7 days on active
duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that 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.   Therefore,  they  recommend   denial   of
applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

AFPC/DPPRRP states in order to qualify for  retirement,  10  USC  8914
requires that an enlisted member of the Air Force  have  at  least  20
years of total active  federal  military  service  (TAFMS).   In  this
applicant’s case, he did not have at least 20 years of TAFMS  when  he
received  an  administrative  discharge.   Therefore,  they  recommend
denial of applicant’s request.

A complete copy of their evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 July 2004, copies of the Air Force evaluations were 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  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinions and  recommendations  of  the  Air
Force and adopt their rationale as the basis for the  conclusion  that
the applicant has not been the victim of an error  or  injustice.   We
note, in accordance with 10 USC 8914, the applicant  had  insufficient
total  active  federal  military  service  (TAFMS)  to   qualify   for
retirement.  In addition,  we  note  he  was  denied  lengthy  service
continuation by the Secretary of the Air Force (SAF).   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  this  application  in
Executive Session on 6 January 2005, under the provisions of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Deborah A. Erickson, Member
                       Mr. James W. Russell III, Member







The following documentary evidence was considered:

      Exhibit A. DD Form 149, undated.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 17 Jun 04.
      Exhibit D. Letter, AFPC/DPPRRP, dated 18 Jun 04.
      Exhibit E. Letter, SAF/MRBR, dated 1 Jul 04.





                             THOMAS S. MARKIEWICZ
                             Chair

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