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AF | BCMR | CY2006 | BC-06-02466
Original file (BC-06-02466.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02466
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  18 FEB 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded  to  an
honorable  discharge  and  the  narrative  reason  for  separation  be
changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and immature and now would like to  continue  his  career
with the postal service.

In support of his application the applicant provided a copy of DD Form
214, Certificate of Release or Discharge from Active Duty.

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
3 June 1975,  for  a  term  of  4  years.   On  7  October  1983,  the
applicant's commander notified him that  he  was  recommending  he  be
discharged  from  the  Air  Force  for  misconduct-drug  abuse.    The
commander  recommended  he  receive   a   general   (under   honorable
conditions) discharge.  The basis for the  commander’s  recommendation
was that on 12 September 1983, he received an Article 15 for  wrongful
use of marijuana.  He acknowledged  receipt  of  the  notification  of
discharge, and after consulting with counsel he offered a  conditional
waiver of his rights associated with an administrative discharge board
hearing, contingent upon receipt of no less than a general  discharge.
The discharge case was reviewed by the base legal office and found  to
be  legally  sufficient  to  support  discharge  and  recommended  his
conditional waiver be accepted and he be  discharged  with  a  general
(under  honorable  conditions)   discharge   without   probation   and
rehabilitation  (P&R).    The   discharge   authority   accepted   the
applicant’s conditional waiver and directed he be  discharged  with  a
general (under honorable conditions) discharge without P&R.  Applicant
was separated on 28 October 1983, under the provisions  of AFR  39-10,
Administrative Separation of Airmen for  (misconduct-drug  abuse)  and
received a general (under honorable conditions) discharge.  He  served
8 years, 4 months and 26 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, WV, indicated on 11 April 2003, that, on the basis of data
furnished, they are unable to locate an arrest record.  (Exhibit C)

_________________________________________________________________

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 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 or narrative reason for separation.

The DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8
Sep 2006, for review and comment within 30 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 error or injustice.  The discharge appears to  be  in
compliance with the governing regulation, and we find no  evidence  to
indicate his separation from the Air Force was inappropriate.  We find
no evidence of error in this case and after thoroughly  reviewing  the
evidence of record,  we  do  not  believe  he  has  suffered  from  an
injustice.  The only other basis upon which to upgrade  his  discharge
would  be  clemency.   However,  applicant  has  failed   to   provide
documentation pertaining to his post service  activities.   Should  he
provide  documentary  evidence  pertaining   to   his   post   service
activities,  we  would  be  willing  to  reconsider  his  application.
Therefore, based on the evidence of record,  we  find  no  basis  upon
which to favorably consider 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-2006-
02466 in Executive Session on 30 November 2006, under  the  provisions
of AFI 36-2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Ms. Leloy W. Cottrell, Member
                 Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 10 Aug 06, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Response, dated 14 Nov 06.
      Exhibit D. Letter, AFPC/DPPRS, dated 30 Aug 06.
      Exhibit E. Letter, SAF/MRBR, dated 8 Sep 06.




      WAYNE R. GRACIE
      Panel Chair

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