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AF | BCMR | CY2010 | BC-2009-03781
Original file (BC-2009-03781.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-03781
            INDEX CODE:  110.00
      COUNSEL:  NONE
            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

2.  His reenlistment eligibility (RE) code of 2B (misconduct-drug abuse)  be
changed to a code which will allow him to enlist in military service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was based on  a  single  incident  and  did  not  reflect  the
numerous awards and super performance described in  his  Airman  Performance
Reports (APRs) received during his 9 years of service.

In support of this  application,  the  applicant  submits  a  DD  Form  293,
Application for the Review of Discharge or Dismissal from the  Armed  Forces
of  the  United  States,  copies  of  his  APRs,  an  award   citation   and
certificate.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force  on  1  Mar  78  and  was
progressively promoted to the grade of staff sergeant effective  1  Aug  85;
however, he was demoted to Sgt on 13 May 86 and ordered to  forfeit  $200.00
per month for two  months  due  to  Article  15  action  for  possession  of
marijuana.

He submitted a conditional waiver  of  his  administrative  discharge  board
rights.  His waiver was conditioned upon his  receipt  of  no  less  than  a
general  discharge.   His  conditional  waiver  was  accepted  and  he   was
separated without probation and rehabilitation.  He was discharged on 8  Aug
86.

The following is a resume of his APRs:

Close-out Date   Overall Rating

 6 Dec 78        8
 6 Dec 79        7
 4 Apr 80        4
15 Jan 81        9
16 Jul 82        9
16 Jul 83        9
22 Sep 84        8
 1 Apr 85        8
 1 Apr 86        9

_________________________________________________________________

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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case; however, we  find  no
evidence  of  an  error  or  injustice  that  occurred  in   the   discharge
processing.  Based on the available  evidence  of  record,  it  appears  the
discharge and RE code was consistent with the  substantive  requirements  of
the  discharge  regulation  and   within   the   commander's   discretionary
authority.  The applicant has provided no evidence which would  lead  us  to
believe the characterization of the service or RE code was contrary  to  the
provisions of the governing regulation, unduly  harsh,  or  disproportionate
to the offenses committed.  Therefore, in the absence  of  evidence  to  the
contrary, we find no basis upon  which  to  recommend  granting  the  relief
sought.

_________________________________________________________________

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  BC-2009-03781  in
Executive Session on 15 Sep 10, under the provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Nov 09.
    Exhibit B.  Applicant's Master Personnel Records.




                                   Panel Chair

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