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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