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AF | BCMR | CY2006 | BC-2006-01163
Original file (BC-2006-01163.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2006-01163
            INDEX CODE:  110.02
      XXXXXXX                     COUNSEL:  NONE

                                  HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  20 OCT 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from  Active  Duty,  be
corrected to show he was honorably discharged.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Allegations of drug  abuse  are  false.   He  states  his  records  show  no
evidence or reference to such abuse.

In support of the application,  the  applicant  submits  excerpts  from  his
medical records.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force on 26 Jun 84  in  the  grade  of  airman
basic.  On 24 Jun  86,  he  was  notified  by  his  commander  that  he  was
recommending he be discharged from the Air Force  under  the  provisions  of
AFR 39-10, Administrative Separation of Airman for misconduct (drug  abuse).
 The specific reason for this action was on 17 Jun 86, he received a  Letter
of Reprimand for testing positive  for  cocaine.   He  was  advised  of  his
rights in this matter.  On  24  Jun  86,  he  acknowledged  receipt  of  the
notification, consulted counsel, and elected not  to  submit  statements  on
his own behalf.  In a legal review of his case the base legal  office  found
it legally sufficient and recommended a general discharge.  On 3 Jul 86,  he
was discharged from the Air Force for misconduct  in  the  grade  of  airman
first class.  He served 2 years and 7 days on active duty.

_________________________________________________________________

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.

The complete DPPRS evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and states he believes the medical evidence he  provided
identifies errors in the discharge process.  He  states  urinalysis  results
are not in his medical records and should  be.   He  believes  the  advisory
from DPPRS is petty and retaliatory and has no bearing on his case.

His complete response is at Exhibit E.

_________________________________________________________________

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.   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.

_________________________________________________________________

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  BC-2006-01163  in  Executive
Session on 18 Jul 2006, under the provisions of AFI 36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Ms. Karen A. Holloman, Member
                 Mr. Wallace F. Beard Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated Apr 12, 2006, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFPC/DPPRS Letter, dated 2 May 06.
    Exhibit D.  Letter, SAF/MRBR, dated 26 May 06.
    Exhibit E.  Letter, Applicant, dated 4 Jun 06.




            KATHLEEN F. GRAHAM
            Panel Chair
                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]



Office of the Assistant Secretary

AFBCMR
1535 Command Drive EE Wing 3rd Floor
Andrews AFB, MD 20762-7002

XXXXXXX



Dear XXXXXXX

      Reference your application, AFBCMR Docket Number BC-2006-01163,
submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC).

      After careful consideration of your application and the former
member’s available military records, the Board determined that the
evidence you presented did not demonstrate the existence of probable
material error or injustice.  Accordingly, the Board denied your
application.

      You have the right to submit newly discovered relevant evidence
for consideration by the Board.  In the absence of such additional
evidence, a further review of your application is not possible.

      BY DIRECTION OF THE PANEL CHAIR




                       GREGORY E. JOHNSON
                       Chief Examiner
                       Air Force Board for Correction
                       of Military Records


Attachment:
Record of Board Proceedings






                   AIR FORCE BOARD FOR CORRECTION
                        OF MILITARY RECORDS

               CASE TRANSMITTAL / COORDINATION RECORD


IN THE MATTER OF:                                  DOCKET NO:

     XXXXXXX           BC-2006-01163


ROUTE IN TURN    INITIALS  DATE


1.  CHIEF EXAMINER     ________  ________
    (Coord/Signature)

2.  EXECUTIVE DIRECTOR ________  ________
    (Coordination)

3.  Ms. Kathleen F. Graham   ________  ________
    PANEL CHAIR
    (Signature on Proceedings)

4.  Return to Examiner


5.  AFBCMR (Processing)





                 DARYL R. LAWRENCE
                 Examiner
                                       Air Force Board for Correction
                 of Military Records




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