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AF | BCMR | CY2005 | BC-2004-02909
Original file (BC-2004-02909.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02909
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  general  (under  honorable  conditions)  discharge   be   upgraded   to
honorable.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged with no  opportunity  to  rectify  the  indiscretion.   He
served his country with pride and was an upstanding  airman  with  excellent
performance reports.  Serving  his  country  was  the  most  fulfilling  and
exciting experience of his life, also the  most  rewarding.   He  encouraged
his nephew to enlist and serve.

The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 18 February 1986, the applicant enlisted in the Regular Air Force at  the
age of 18 in the grade of airman basic (E-1) for a  period  of  four  years.
He was progressively promoted to the  grade  of  airman  first  class  (E-3)
effective and with a date of rank of 18 June 1987.  He received  one  airman
performance report with an overall evaluation of “9.”

On 27 January 1987,  the  applicant  received  a  Letter  of  Reprimand  for
leaving his appointed place of duty without authority.

On 10 November 1987, the applicant received an Article 15 for  wrongful  use
of marijuana.  For this incident, he was reduced  to  the  grade  of  airman
basic.

On 2 December 1987, the applicant’s commander notified  the  applicant  that
she  was  recommending  he  be  separated  from  the  Air  Force  under  the
provisions of AFR 39-10, Administrative Separation  of  Airmen  (misconduct-
drug abuse).  The applicant acknowledged receipt of  the  notification  and,
after  consulting  military  legal  counsel,  waived  his  right  to  submit
statements  in  his  own  behalf.  The  commander  thereafter  initiated   a
recommendation for the applicant’s separation.

In a legal review of the discharge case file  dated  7  December  1987,  the
Combat Support Group Judge  Advocate  office  found  the  file  was  legally
sufficient and recommended that the applicant be separated from the  service
with an under honorable conditions  (general)  discharge.   On  17  December
1987, the  discharge  authority  approved  the  recommended  separation  and
directed the applicant be discharged for  the  reasons  recommended  by  his
commander, without the offer of probation and rehabilitation.

On  18  December  1987,  the  applicant  was  discharged   under   honorable
conditions (general) under the provisions  of  AFR  39-10,  (Misconduct-Drug
Abuse).  He had served 1 year, 10 months, and 1 day on active duty.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an investigative report pertaining to the  former  member
(Identification Record No. 507884TA1) (Exhibit E).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  DPPRS states based  on  the  documentation
on file in the master personnel records the discharge  was  consistent  with
the procedural and substantive requirements  of  the  discharge  regulation,
and the discharge was within the  discretion  of  the  discharge  authority.
DPPRS notes the applicant did  not  submit  any  evidence  or  identify  any
errors or injustices that occurred in the discharge processing, nor  did  he
provide any facts warranting a change to his character of  service.   DPPRS’
evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  the  applicant  for
review and comment on 29 October 2004.  On 9 November  2004,  the  applicant
was  invited  to  submit  information   pertaining   to   his   post-service
activities.  On 17 November 2004, a copy of the FBI report was forwarded  to
the applicant.   To this date, no response has been received on any  of  the
aforementioned correspondence (Exhibit D).

_________________________________________________________________

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 probable error or injustice.  After  careful  consideration  of
the available evidence, we found no indication that  the  actions  taken  to
effect his discharge for Misconduct-Drug Abuse were improper or contrary  to
the provisions of the governing regulations  in  effect  at  the  time.   In
addition, in view of the contents of the FBI Identification  Record  we  are
not  persuaded  that  the  characterization  of  the  applicant’s  discharge
warrants an upgrade to honorable on the basis of clemency.  Having found  no
error or injustice with regard  to  the  actions  that  occurred  while  the
applicant was a military member, we conclude that no basis exists  to  grant
favorable action on his request.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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-
01235 in Executive Session on 9 March 2005 under the provisions of  AFI  37-
2603:

            Ms. Kathleen F. Graham, Panel Chair
            Ms. Ann-Cecile M. McDermott, Panel Member
            Mr. Wallace F. Beard Jr., Panel Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 6 April 2004.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRS, dated 27 Oct 2004.
      Exhibit D.  Letter, SAF/MRBR, dated 29 Oct 05;
              Letters, AFBCMR, dated 9 Nov 04 & 17 Nov 04.
      Exhibit E.  FBI Report.




      KATHLEEN F. GRAHAM
      Panel Chair

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