RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02522
            INDEX CODE:  110.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  14 FEB 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation,  “misconduct-drug  abuse”  and
the corresponding separation code “JKK” be changed.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His reason for separation should be  changed  from  misconduct-drug
abuse to a more true, accurate, and non-misleading  reason  why  he
was discharged from service.  He states  test  showed  he  did  not
abuse drugs.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 21 Feb 85, applicant enlisted in the Regular  Air  Force  for  a
period of four years in the grade of airman first class (E-3/A1C).

On  6  Oct   86,   the   squadron   section   commander   initiated
administrative discharge action  against  the  applicant  for  drug
abuse.  The basis for the proposed discharge action was that:

      On or about 10 Aug 86, applicant received an Article  15  for
wrongful possession of marijuana and drug abuse paraphernalia  (two
packages of  rolling  paper  and  six  grams  of  marijuana).   His
punishment consisted of reduction in grade to airman basic with  an
effective date and date of rank of 20 Aug 86.

On that same date, applicant acknowledged receipt of the  discharge
notification and after consulting with counsel, waived his right to
submit statements in his own behalf.  On 16 Oct 86, the Wing  Staff
Judge Advocate found the case to be legally sufficient  to  support
discharge  without  probation   and   rehabilitation   (P&R).    On
20 Oct 86,  the  discharge  authority  approved  a  general  (under
honorable conditions)  discharge  and  stated  that  probation  and
rehabilitation were considered and deemed inappropriate.

On 31 Oct 86, applicant was  discharged  under  the  provisions  of
AFR 39-10, by reason of  misconduct  -  drug  abuse,  with  service
characterized as  general,  under  honorable  conditions.   He  was
credited with 1 year, 8 months, and 10 days of active duty service.

On 15 May 90, applicant appeared and testified before the Air Force
Discharge Review Board (AFDRB).  The AFDRB denied  his  request  on
the grounds that no legal or equitable basis existed for upgrade of
or change of reason for discharge  (See  AFDRB  Hearing  Record  at
Exhibit B).

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, WV, indicated on 5 Oct 05, that, on  the
basis of data furnished, they are unable to locate an arrest record
(Exhibit F).

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based  on
available documentation in  the  file,  they  found  the  discharge
consistent with the procedural and substantive requirements of  the
discharge regulation.  Additionally, the discharge was  within  the
sound discretion of  the  discharge  authority.   They  also  noted
applicant did not submit any evidence or  identify  any  errors  or
injustices that occurred in the discharge processing  and  provided
no other facts warranting a change to his reason for separation.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant denies the charges of possession of “marijuana  and  drug
abuse paraphernalia.”  Two civilians who were in charge  the  night
of the alleged incident provided signed letters  and  documentation
to base  personnel  stating  that  the  marijuana  and  drug  abuse
paraphernalia did not belong to the applicant (Exhibit E).

On 20 Oct 05, applicant was invited to provide additional  evidence
pertaining to his activities since leaving the service (Exhibit G).
 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.   The  applicant  requests  his  reason  for  separation   of
“misconduct-drug abuse” be changed  along  with  the  corresponding
separation code of “JKK.”  However,  we  found  no  evidence  which
would lead us to believe that the applicant's reason for separation
or separation code were in error or contrary to the  governing  Air
Force  regulations.   We  therefore  agree  with  the  opinion  and
recommendation of the Air Force office  of  primary  responsibility
and adopt the rationale expressed as the  basis  for  our  decision
that the applicant has failed to sustain his  burden  that  he  has
suffered either an error  or  an  injustice.   In  the  absence  of
persuasive 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 AFBCMR Docket  Number
BC-2005-02522 in Executive Session on 21 December 2005,  under  the
provisions of AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Ms. Patricia R. Collins, Member
      Mr. Vance E. Lineberger, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Aug 05, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 25 Aug 05.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Sep 05.
    Exhibit E.  Letter, Applicant, dated 22 Sep 05.
    Exhibit F.  FBI Report, dated 5 Oct 05.
    Exhibit G.  Letter, AFBCMR, dated 20 Oct 05.




                                   JAMES W. RUSSELL III
                                   Panel Chair