RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01012
INDEX CODE: 110.02
xxxxxxxxxxxxx COUNSEL: NONE
xxxxxxxxxxxxxx HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 26 AUG 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes there was an error in the urinalysis testing.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
18 October 1982, for a term of 4 years.
On 24 July 1984, the applicant's commander notified him that he was
recommending he be discharged from the Air Force for misconduct. The
basis for the commander’s recommendation was that on 29 February 1984,
he received a Letter of Reprimand (LOR) for wrongful use of cocaine;
on 26 March 1984, he received a LOR for misuse of another military
member’s identification card and on 22 May 1984, he received an
Article 15 for being disorderly on station.
He acknowledged receipt of the notification of discharge, and after
consulting with counsel submitted statements in his own behalf. The
discharge case was reviewed by the base legal office and found to be
legally sufficient to support discharge.
The discharge authority approved his separation and ordered a general
(under honorable conditions) discharge without P&R. Applicant was
separated on 24 July 1984, under the provisions of AFR 39-10,
Administrative Separation of Airmen for (Misconduct-Drug Abuse) and
received a general (under honorable conditions) discharge. The
applicant served one year, eight months and seven days on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, provided a copy of an Investigation Report pertaining
to the applicant, which is at Exhibit E.
_________________________________________________________________
AIR FORCE EVALUATION:
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. 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,
nor did he provide any facts warranting a change to his DD Form 214.
The 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 on
20 May 05, for review and comment within 30 days. As of this date,
this office has received no response.
A copy of the FBI investigative report was forwarded to the applicant
on 29 Jun 05, for review and comment within 14 days. 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 an error or injustice to warrant changing his
discharge. After careful consideration of the available evidence, we
found no indication that the actions taken to affect his discharge
were improper or contrary to the provisions of the governing
regulations in effect at the time, or that the actions taken against
the applicant were based on factors other than his own misconduct.
Therefore, we agree with the opinion and recommendation of the Air
Force office of primary responsibility and adopt its rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. 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 Docket Number BC-2005-
01012 in Executive Session on 19 July 2005, under the provisions of
AFI 36-2603:
Mr. John B. Hennessey, Panel Chair
Mr. Richard K. Hartley, Member
Ms. Patricia R. Collins, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Mar 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 12 May 05.
Exhibit D. Letter, SAF/MRBR, dated 20 May 05.
Exhibit E. FBI Report, dated 14 Jun 05.
Exhibit F. Letter, AFBCMR, dated 29 Jun 05.
JOHN B. HENNESSEY
Panel Chair
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