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AF | BCMR | CY2006 | BC-2005-03503
Original file (BC-2005-03503.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03503

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:
_______________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His drug abuse was a result of poor judgment.

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 September 1979.

On 15 June 1984, applicant's commander recommended discharge for  drug
abuse.  The recommendation for discharge was based on the following:

      (1). On 9 November 1982, the applicant  was  identified  by  his
commander for  the  substance  abuse  program  for  suspected  use  of
marijuana.

      (2). On 2 September 1983, the applicant  received  a  Letter  of
Reprimand for being disorderly on station.

      (3). On 23 September 1983, the applicant received  a  Letter  of
Reprimand for being disrespectful in language  and  conduct  toward  a
superior noncommissioned officer.

      (4). On 23 September 1983,  the  applicant  was  placed  in  the
substance abuse program for a positive urinalysis  for  marijuana  and
received an Administrative Reprimand.

      (5). On 24 October 1983, the applicant’s NCO status was  vacated
due to his involvement with a controlled substance (marijuana).

      (6). On 19 November 1983, the applicant was  notified  by  AAFES
that he was delinquent in making his DPP payment.

      (7). On 17 January 1984, the  applicant  received  a  Letter  of
Counseling  for  his  dormitory  room  not  being  prepared  for   the
commander’s inspection.

      (8). On 19 January 1984, the applicant  was  notified  by  AAFES
that he was delinquent in making his DDP payment.

      (9). On 19 February 1984, the applicant was  notified  by  AAFES
that he was delinquent in making his DPP payment.

      (10). On 5 March  1984,  the  applicant  was  entered  into  the
Substance Abuse Evaluation  Process  by  his  commander  to  determine
whether rehabilitation was needed.

      (11). On 1 June 1984, the applicant received an Article  15  for
wrongful use of marijuana.

Applicant acknowledged receipt of the notification  of  discharge  and
after consulting  with  legal  counsel  waived  his  right  to  submit
statements in his own behalf.

The  base  legal  office  reviewed  the  case  and  found  it  legally
sufficient to support discharge and recommended applicant  receives  a
general (under honorable conditions) discharge without  probation  and
rehabilitation.

The discharge authority  approved  the  separation  and  directed  the
applicant be discharged with a general  (under  honorable  conditions)
discharge.
_________________________________________________________________

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’s complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 9 December 2005, for review and comment within 30 days.
______________________________________________________________
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 warranting an  upgrade  in  the
applicant’s discharge.  After a thorough review  of  the  evidence  of
record and applicant's submission,  we  are  not  persuaded  that  the
actions taken against him were improper, contrary to the provisions of
the governing regulations in effect at the time, or based  on  factors
other than his own misconduct. Therefore, in absence  of  evidence  to
the contrary, 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 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 Docket  Number  BC-2005-
03503 in Executive Session on 8 February 2006, under the provisions of
AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Dorothy P. Loeb, Member
                 Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 14 Nov 05.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 1 Dec 05.
      Exhibit D. Letter, SAF/MRBR, dated 9 Dec 05.




      THOMAS S. MARKIEWICZ
      Chair


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