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AF | BCMR | CY2006 | BC-2006-02026
Original file (BC-2006-02026.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02026
      INDEX CODE:  110.00
      COUNSEL:  NONE

      HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  10 JANUARY 2008

________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

The indiscretion  he  was  found  culpable  for  was  a  simple  offense  of
paraphernalia.  It has been over 20 years and  he  would  like  to  see  the
charge  removed  from  his  record  and  be  given  an  honorable  discharge
certificate.

The applicant submitted no supporting documents.   His  complete  submission
is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  28  September  1978  in  the
grade of airman basic.  He  was  progressively  promoted  to  the  grade  of
sergeant having assumed that grade effective and with a date of  rank  of  1
July 1982.  His Airman Performance Reports reflect overall ratings of 8.

On 14 Oct 1983, he received an Article 15 for  wrongful  use  of  marijuana.
For this offense, he was reduced to the grade  of  airman  first  class  and
forfeited $150.00.  On 27 Oct 1983, he received notification of  a  positive
urine test for marijuana.

On 17 November 1983, applicant was notified by his commander of  his  intent
to recommend that he be discharged from the Air Force under  the  provisions
of AFR 39-10, paragraph 5-49c.  The specific  reason  for  this  action  was
commission of a Serious Offense (i.e. Drug Abuse).  He was  advised  of  his
rights in this matter and acknowledged receipt of the notification  on  that
same date.  In a legal review of the case file,  the  staff  judge  advocate
found the case legally sufficient and recommended  that  he  be  discharged.
On  12 December  1983,  the   discharge   authority   concurred   with   the
recommendations  and  directed  that  he  be  discharged  with   a   general
discharge, without probation and rehabilitation.  Applicant  was  discharged
on 15 December 1983.  He served 5 years, 1  month  and  12  days  on  active
duty.

In response to the Board’s request, the FBI indicated they  were  unable  to
identify with an arrest record pertaining to the applicant on the  basis  of
information furnished (Exhibit D).

________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  states  that   based   on   the
documentation on file in  the  applicant’s  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.  Additionally, the applicant  did  not  submit  any
evidence  or  identify  any  errors  or  injustices  that  occurred  in  the
discharge processing, and he provided no facts warranting an upgrade of  his
discharge.

The complete DPPRS evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the evaluation was forwarded to the applicant on 21 July 2006  for
review  and  comment.   On  11  August  2006,  he  was  invited  to   submit
information pertaining to post-service activities.   To  date,  this  office
has received  no  response  to  any  of  the  aforementioned  correspondence
(Exhibit D).

________________________________________________________________

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.   After  careful  consideration  of  the
applicant’s request, we see no evidence that would  warrant  an  upgrade  of
his discharge to honorable.  Other than his own  assertions,  the  applicant
has provided no evidence that would lead us to believe the actions taken  to
effect  his  discharge  were  improper,  or  that  the  information  in  his
discharge case file is erroneous.   Therefore,  having  found  no  error  or
injustice with regard to the actions that occurred while the  applicant  was
a military member, we conclude that  no  basis  exists  to  grant  favorable
action on his request.

________________________________________________________________

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-2006-
02026 in Executive Session on 20 September 2006,  under  the  provisions  of
AFI 36-2603:

           Mr. Michael J. Novel, 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 29 June 06.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPRS, dated 17 Jul 06.
     Exhibit D.  Letter, SAF/MRBR, dated 21 Jul 06.




                                  MICHAEL J. NOVEL
                                  Panel Chair

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