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AF | BCMR | CY2013 | BC 2013 03031
Original file (BC 2013 03031.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03031
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Any reference to substance abuse be removed from his records. 

________________________________________________________________

APPLICANT CONTENDS THAT: 

His records indicate “substance abuse,” and this incident is 
untrue since his DD Form 214, Armed Forces of the United States 
Report of Transfer or Discharge, reflects an honorable 
discharge.

________________________________________________________________

STATEMENT OF FACTS:

On 20 Sep 1971, the applicant entered the Regular Air Force. 

On 4 Oct 1971, he was admitted to the hospital because he was 
having “flashbacks.”

On 7 Oct 1971, the applicant was referred to the “BMS Narcotics 
Officer,” who reported that the applicant admitted to smoking 
marijuana and hashish once a week from 1969 to Sep 1971; LSD 
five times from 1970 to Sep 1971 and using amphetamines once in 
1971. 

On 7 Oct 1971, his commander notified him that he was 
recommending he be discharged from the Air Force for 
unacceptable military service.

On 7 Oct 1971, the applicant acknowledged receipt of the 
discharge notification and waived his rights to consult with a 
field grade officer or to submit statements in his behalf.

On 7 Oct 1971, via Lackland TC Form 42, Recommendation for 
Discharge, the discharge authority approved the applicant’s 
discharge.

On 18 Oct 1971, he was honorably discharged.  The reason and 
authority for discharge was “AFM 39-10, para 3-8q, COG; ATCR 39-
2 & Lackland TC Form 42, 12 Oct 71, (SDN 41G).”  He served on 
active duty for 29 days.

The applicant provides an undated document from the Department 
of Veterans Affairs (DVA) which indicates he was denied service 
connection for Post-Traumatic Stress Disorder.  The DVA stated 
“Furthermore your military personnel records indicate you were 
discharged after less than one month of military service for 
drug abuse.”  Handwritten on this document are the words “False 
information.”

________________________________________________________________

THE AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  DPSOR states that they found no 
error or injustice in the processing of the discharge action. 
Based on the documentation on file in the master personnel 
record, the discharge to include his reason and authority was 
consistent with the procedural and substantive requirements of 
the discharge instruction and was within the discretion of 
discharge authority.  The applicant did not submit any evidence 
or identify any errors or injustices that occurred in the 
discharge processing.  The separation code of “41G” correctly 
reflects his reason for discharge, “Inadequate Personality.”  He 
was setback in training one week to allow him sufficient time to 
improve in his deficient areas.  However, his long history of 
difficulty dealing with stress made him unable to meet minimum 
requirements for retention.  Further rehabilitative attempts 
were met with negative results.  The applicant's record 
indicates that a lack of self-discipline and self-confidence 
made him untrainable and he never would have become a productive 
member of the Air Force.

The complete DPSOR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 15 Oct 2013, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  As of 
this date, no response has been received by this office (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.  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, 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 Docket Number BC-
2013-03031 in Executive Session on 15 Apr 2014, under the 
provisions of AFI 36-2603:

       , Panel Chair
       , Member
       , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jun 2014, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOR, dated 30 Aug 2013.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Oct 2013.




                                    
                                   Panel Chair









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