RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02450
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

The reason for his discharge be changed, and all references  to  “drug
dependency” be removed from his records.

(Examiner’s Note:   The  applicant’s  request  is  not  clear  on  his
application.  However, it appears he desires his records be  corrected
as indicated above).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons for his discharge were improper and inequitable.

He was mistreated, abused, was not properly  counseled,  and  provided
improper medical attention.

He has never possessed or abused drugs.

In support of his appeal, the applicant  provided  extracts  from  his
military   personnel   records,   supportive   statements,    personal
statements, and other  documents  associated  with  the  matter  under
review.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 6 Jul 71 for  a  period
of four years in the grade of airman basic.

On 3 Aug 71, the applicant was convicted by special  court-martial  of
going from his appointed place of duty on 19 Jul 71 and 21 Jul 71, and
being absent from his organization from 22 Jul 71 to 23  Jul  71.   He
was sentenced to confinement at hard labor for 14 days and  forfeiture
of $89.00 for one month.

On 13 Aug 71, he was psychiatrically evaluated by the  Mental  Hygiene
Service of the  Department  of  Psychiatry  at  Wilford  Hall  Medical
Center.   He  was  diagnosed  with  emotionally  unstable  personality
manifested  by  drug  dependency,  flashbacks,  acting  out,   violent
behavior, low stress tolerance, and a history of poor adjustment.   He
was recommended for administrative separation.

On 16 Aug 71, the applicant’s  commander  notified  him  that  he  was
initiating action against him with a view of effecting  his  discharge
because of his  inadaptability  to  military  life,  immaturity,  poor
performance, and his emotionally unstable personality as indicated  by
his mental health evaluation.  The applicant was advised of his rights
in the matter and that he would be furnished an honorable discharge if
the discharge action was approved.

On 19 Aug 71, the discharge authority approved  the  discharge  action
and directed that the applicant be furnished an honorable discharge.

On 25 Aug  71,  the  applicant  was  honorably  discharged  under  the
provisions of AFM 39-10 (Convenience of the Government  -  Failure  to
Meet Minimum Requirements for Retention in the  Air  Force).   He  was
credited with 25 days of active service, with 26 days of lost time.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial indicating the applicant did not  submit
any evidence or identify any errors or injustices that occurred in his
discharge processing, and he provided no facts warranting  removal  of
the documentation pertaining to “drug dependency.”

A complete copy of the AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory  opinion  and  furnished  a  response,
indicating, in part, he was never informed of his rights, inadequately
counseled, and mistreated.  Furthermore, he was never tested for  drug
dependency and continues to deny any drug involvement.

Applicant’s complete response, with attachments, is at Exhibit E.

By letters,  dated  18  Dec  04,  the  applicant  provided  additional
documentary evidence for the Board’s consideration, which are attached
at Exhibits F and G.

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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.

       a.  Concerning  the  applicant’s  reason  for  separation,  the
evidence of record reflects he was honorably discharged for failure to
meet minimum requirements for  retention  in  the  Air  Force.   After
reviewing the facts  and  circumstances  of  this  case,  we  find  no
evidence that the applicant’s substantial rights were  violated,  that
the information used as a basis for his separation was  erroneous,  or
that his superiors abused their discretionary authority.

      b.  Regarding the applicant’s request  that  all  references  to
“drug dependency” be removed from his records, we note  the  applicant
was evaluated by the Mental Hygiene  Service  and  diagnosed  with  an
emotionally unstable personality manifested by drug  dependency.   The
applicant claims he never possessed or used drugs.  Due to the absence
of the applicant’s medical records, as  well  as  the  lack  of  other
documentation available to us, we are unable to substantiate or refute
his assertions.  However, based upon the presumption of regularity  in
the conduct of  governmental  affairs  and  without  evidence  to  the
contrary, we must assume that the applicant's diagnosis and references
to his drug dependency  were  proper  and  accurate.   Notwithstanding
this, if the applicant could provide documentation  from  his  medical
records or other documentation  supporting  his  claim,  we  would  be
inclined to reconsider his request.

      c.  In view of the above, and in the absence of evidence to  the
contrary, we conclude that no basis exists  upon  which  to  recommend
granting the relief sought in this application.

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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 AFBCMR Docket Number BC-
2004-02450 in Executive Session on 16 Dec 04 and 3 Jan 05,  under  the
provisions of AFI 36-2603:

      Ms. Rita S. Looney, Panel Chair
      Mr. Garry G. Sauner, Member
      Mr. Gregory A. Parker, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 30 Sep 04.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Oct 04.
    Exhibit E.  Letter, applicant, dated 9 Nov 04, w/atchs.
    Exhibit F.  Letter, applicant, dated 18 Dec 04, w/atchs.
    Exhibit G.  Letter, applicant, dated 18 Dec 04, w/atch.




                                   RITA S. LOONEY
                                   Panel Chair