RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  01-00365
				INDEX CODE:  110.00
				COUNSEL:  NONE

				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge on 21 Jan 83 under the provisions of AFR 39-10 be upgraded to honorable.
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APPLICANT CONTENDS THAT:

His accomplishments after his discharge are a basis for an upgrade. 

In support of the application, the applicant provides copy of a DD Form 293, Application for Review of Discharge or Dismissal from the Armed Forces of the United States, a letter from the Director of the Association & Cooperative Missions Department and copies of certificates of completion of two seminary extension courses (Exhibit A).
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STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 3 Jan 1980.  While serving in the grade of airman, he was discharged on 21 Jan 1983 under the provisions of AFR 39-10 for Misconduct-Drug Abuse, and received a general discharge (under honorable conditions).  He was credited with 3 years and 8 days total active military service.

The relevant facts, extracted from the available record, are contained in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

A copy of the Federal Bureau of Investigation report was forwarded to the applicant for review and response.  As of this date, this office has received no response (Exhibit E).
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AIR FORCE EVALUATION:

The Separations Procedures Section, AFPC/DPPRSP, states that although the applicant has made some personal improvements in his life, it does not overshadow the conduct leading to his discharge.  The applicant wrongfully possessed marijuana on two separate occasions for which he received Article 15 punishment.  In addition, he received three letters of reprimand for various offenses, including failure to go and unsatisfactory performance.

DPPRSP states the discharge was within sound discretion of the discharge authority and the applicant was provided full administrative due process.  Additionally, the applicant has failed to submit any new evidence or identify any errors or injustices that occurred during the discharge process nor has he provided any facts warranting an upgrade of the discharge he received.  Therefore, DPPRSP recommends the applicant's request be denied (Exhibit C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was forwarded to the applicant for review and response.  As of this date, this office has received no response (Exhibit D).

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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 careful consideration of the available evidence, we found no indication that the actions taken to effect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or that the actions taken against the applicant were based on factors other than his own misconduct.  In addition, in view of the contents of the FBI Identification Record we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade to honorable on the basis of clemency.  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.

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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 July 2001, under the provisions of AFI 36-2603:

	Panel Chair
Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Feb 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFPC/DPPRSP Letter, dated 2 Apr 01.
    Exhibit D.  Letter, SAF/MIBR, dated 27 Apr 01.
    Exhibit E.  FBI Report 408733AA7.

                                   
                                   Panel Chair