RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00022
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

The punishment (sentence of six weeks) did not reflect the seriousness of the allegation in which he was accused.  He was not allowed to appeal a sentence of less than a year.  Five OSI investigators assumed he had more drugs in his room, but refused to investigate any further.  He further states that until this incident, he had five years of exemplary service.  He is of the opinion that false charges were filed and he was made a scape goat.  He would like these charges dismissed from his record permanently.

In support of the appeal, applicant submits a personal statement, a copy of testimonies, a work history, and a college transcript.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 21 May 1975.

Applicant was convicted by special court martial of possessing three bags containing some quantity of marijuana and selling marijuana on 22 February 1980 at Grand Forks AFB.  He was sentenced to confinement at hard labor for 2 months, to forfeit $180 per month for 2 months, and to be reduced to the grade of airman.

The applicant, while serving in the grade of airman, was discharged from the Air Force on 13 May 1981 under the provisions of AFM 39-12 (Misocnduct- Drug Abuse - Board), with an undesirable discharge.  He served 5 years, 11 months and 13 days total active service.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated on the basis of the data furnished they were unable to locate an arrest record (Exhibit C).

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AIR FORCE EVALUATION:

The Separation Procedures Manager, AFPC/DPPRS, reviewed the application and states that based upon the documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the sound discretion of the discharge authority and the character of service given was appropriate.  In this case, the applicant provided no facts warranting an upgrade of the discharge he received.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 23 March 2001, a copy of the Air Force evaluation was forwarded to applicant for review and response within 30 days.  As of this date, no response has been received by this office.

On 19 April 2001, a letter, with a copy of the Information Bulletin, was sent to applicant requesting information to the AFBCMR pertaining to his activities since leaving the service.  As of this date, no response has been received by this office.

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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 probable error or injustice.  After reviewing the evidence of record, we are not persuaded that the applicant’s records are in error or that he has been the victim of an injustice.  His contentions are noted; however, in our opinion, the detailed comments provided by the appropriate Air Force office adequately address those allegations.  Therefore, we agree with opinions and recommendation of the Air Force and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice. We also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency.  We have considered applicant’s overall quality of service, the events which precipitated the discharge, and available evidence related to post-service activities and accomplishments.  On balance, we do not believe that clemency is warranted.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application in Executive Session on 31 October 2001, under the provisions of AFI 36-2603:

			Ms. XXXXXXXXXXXXXXXXXX, Panel Chair
			Mr. XXXXXXXXXXXXXXXXXX, Member
			Mr. XXXXXXXXXXXXXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 13 Feb 01, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	FBI Report.
	Exhibit D.	Letter, AFPC/DPPRS, dated 2 Mar 01.
	Exhibit E.	Letter, AFBCMR, dated 23 Mar 01.
	Exhibit F.	Letter, AFBCMR, dated 19 Apr 01, w/atch.