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AF | BCMR | CY2013 | BC 2013 00378
Original file (BC 2013 00378.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2013-00378
      COUNSEL: NONE
	                     		HEARING DESIRED:  NOT INDICATED

______________________________________________________________

APPLICANT REQUESTS THAT: 

His narrative reason for separation be changed.  

______________________________________________________________

APPLICANT CONTENDS THAT:

His drug tests were not done properly.  

In support of his appeal, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty.  

The applicant’s complete submission, with attachment, is at 
Exhibit A.  

______________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
served on active duty from 14 May 1982 to 26 July 1984.  

On 12 June 1984, the applicant was notified of his commander’s 
intent to recommend him for a general (under honorable 
conditions) discharge under the provisions of Air Force 
Regulation 39-10, paragraph 5-49c, for wrongful use of marijuana 
on diverse occasions during the period from about 1 June 1983 to 
about 1 March 1984.  The applicant acknowledged receipt, 
consulted counsel, and submitted a statement in his own behalf.  
After considering the applicant’s submission, his commander 
recommended the applicant be discharged.

On 6 July 1984, after the Acting Staff Judge Advocate found the 
case to be legally sufficient, the discharge authority approved 
the recommended discharge without probation or rehabilitation.   

The applicant was discharged in the grade of airman (E-2) on 
26 July 1984 with a general (under honorable conditions) 
characterization of service and a narrative reason for discharge 
of “Misconduct – Drug Abuse.”  

______________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  DPSOR indicates the applicant 
asserts his drug test was not conducted properly; however, one 
Air Force member was interviewed by the Office of Special 
Investigations (OSI) and provided a signed sworn statement in 
which he admitted smoking cannabis with the applicant.  The 
government evidence shows the applicant wrongfully used 
marijuana.  

DPSOR states that based on the documentation on file in the 
master personnel records, the discharge was consistent with the 
procedural and substantive requirements of the discharge 
instruction and was within the discretion of the discharge 
authority.  The applicant did not submit any evidence or 
identify and errors or injustices in the discharge processing.  
He provided no facts warranting a change to his reason for 
discharge.  

The complete DPSOR evaluation is at Exhibit C.  

______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 8 April 2014, for review and comment within 30 days 
(Exhibit D).  As of this date, this office has received no 
response.

______________________________________________________________

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 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.  Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application.

______________________________________________________________



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-2013-00378 in Executive Session on 17 October 2013, 
under the provisions of AFI 36-2603:

	               , Panel Chair
	               , Member
	               , Member

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2013-00378:

Exhibit A.  DD Form 149, dated 24 Nov 12, w/atch.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, AFPC/DPSOR, dated 27 Mar 13.
Exhibit D.  Letter, SAF/MRBR, dated 8 Apr 13.




               
Panel Chair



2

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