RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00100
		INDEX CODE:   100.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force (Exhibit C).

On 28 January 2001, the Air Force Discharge Review Board (AFDRB) denied applicant's request to upgrade his discharge to honorable. 

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicate that on 6 June 2000, the applicant’s commander recommended he be discharged for drug abuse in accordance with AFI 36-3208 and be issued a general discharge.  The reason for the action was on or about 23 March 2000, he wrongfully used marijuana.  An investigation by the Air Force Office of Special Investigation (AFOSI) revealed he had smoked marijuana.  On 16 March 2000, he was given an Article 15, Nonjudicial Punishment, and reduction to airman basic and forfeiture of pay.  On 9 June 2000, the Discharge Authority approved the general discharge.  He was not eligible for probation and rehabilitation in accordance with AFI 36-3208, Chapter 7.

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.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge proceedings.  Additionally, the applicant provided no facts warranting an upgrade of the discharge he received.  He has not filed a timely request.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 March 2002, a copy of the Air Force evaluation was forwarded to the applicant for review and response within thirty (30) days.  As of this date, no response has been received by this office. 

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of probable 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 and adopt their 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 compelling 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 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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-00100 in Executive Session on 4 April 2002 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 5 January 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 13 February 2002.
   Exhibit D.  Letter, SAF/MRBR, dated 1 March 2002.