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AF | BCMR | CY2005 | BC-2004-03669
Original file (BC-2004-03669.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03669

            COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

The applicant made no contentions.

In support of his application, he submits a DD Form  293,  Application
for the Review of Discharge or Dismissal from the Armed Forces of  the
United States.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
23 July 1982. On 16 May 1985, the applicant was discharged  under  the
provisions  of  AFM  39-10  (Misconduct-Drug  Abuse),   with   service
characterized as general (under honorable conditions) in the grade  of
airman. He served 2 years,  9  month  and  23  days  of  total  active
military service.

On 2 May 1985, applicant's  commander  recommended  discharge  due  to
misconduct - drug abuse.   The  commander  recommended  the  applicant
receive a general (under honorable conditions) discharge based on  the
following: On 7 and 30 November 1984, the  applicant  wrongfully  used
marijuana, a scheduled I controlled substance.  On  23  January  1985,
applicant  wrongfully  used  marijuana,  a   schedule   I   controlled
substance.

The applicant acknowledged receipt of the  notification  of  discharge
and after consulting with legal counsel submitted  statements  in  his
own behalf.  The base legal office reviewed  the  case  and  found  it
legally sufficient to support separation and recommended applicant  be
separated with a general (under honorable conditions)  discharge  with
probation and rehabilitation.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial and 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.
The discharge was within the discretion of  the  discharge  authority.
The applicant did not submit any new evidence or identify  any  errors
or injustices that occurred in the discharge processing.  He  provided
no facts warranting a change to his character of service.

AFPC/DPPRS complete evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 17 December 2004, for review and comment 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, the Board excused
the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice. The records reflect  that  the
commander initiated administrative actions  based  on  information  he
determined to be reliable and the administrative actions taken  appear
to have been properly accomplished.  The applicant  was  afforded  all
rights granted by statute and regulation.  We are not persuaded by the
evidence  presented  that  the  commander  abused  his   discretionary
authority when he initiated the discharge action, and since we find no
abuse of that authority, we find no reason to overturn the commander’s
decision.  Therefore, we agree with the opinions and recommendation of
the Air Force and adopt its rationale as the basis  for  our  decision
that the applicant has failed to sustain his burden of having suffered
either an error or an injustice.
In view of the above, we find  no  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 a 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-
03669 in Executive Session on 8 February 2005, under the provisions of
AFI 36-2603:

                 Ms. B. J. White-Olson, Panel Chair
                 Mrs. Barbara R. Murray, Member

                 Ms. Janet I. Hassan, Member


The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 8 Dec 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRSP, dated 15 Dec 04.
      Exhibit D. Letter, SAF/MRBR, dated 17 Dec 04.






      B. J. WHITE-OLSON
      Panel Chair

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