RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00159
				INDEX CODE:  136.00

	APPLICANT 	COUNSEL:  None

	SSN		HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

His records be corrected to allow him to retire from the Air Force (AF) and receive all benefits due him and his family.

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APPLICANT CONTENDS THAT:

He was unjustly discharged from the AF after 19 years and 10 months, after being made to stand by one whole year after the misconduct and was then discharged 2 months before he was retirement eligible.

Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty on 13 Mar 81.  While serving in the grade of senior airman, he was discharged on 12 Jan 01 under the provisions of AFI 36-3208, Administrative Separation of Airman (triable by court-martial).  He received an under other than honorable conditions discharge.  He served 19 years and 10 months of active service.

On 29 Nov 96 the applicant received an Article 15 for assaulting a senior airman.  His punishment consisted of reduction to senior airman and a suspended forfeiture of $300.

On 2 Nov 99, the applicant's commander was notified that the applicant tested positive for marijuana as the result of a random urinalysis.  The applicant received an Article 15 with a reduction to senior airman, confinement for 2 months, forfeiture of $1,910 and 2 months restriction.  

On 24 Apr 00, the applicant received a letter of reprimand for dereliction of duty for sleeping on duty, leaving work without 
permission and using the phone to make unauthorized personal calls and instructing subordinates not to report any misconduct or incidents to squadron leadership.

The applicant on 15 May 00, violated the terms of a medical quarters authorization.

On 25 May 00, the applicant while pending administrative discharge proceedings for the prior misconduct again tested positive for marijuana.  He was charged with wrongful use of marijuana and dereliction of duty, which was referred to a special court-martial.  The applicant on 8 Aug 00, requested to be discharged in lieu of trial by court-martial and lengthy service probation (LSP) consideration.  AF/CC on 12 Sep 00, approved the applicant's request for discharge and recommended his request for LSP consideration be denied.  On 27 Sep 00, AETC/JA forwarded the applicant's case to AETC/DPPAF recommending the applicant be discharged with service characterized as UOTHC and deny his request for LSP.  On 2 Oct 00, AETC/DP reviewed the case file and recommended the Secretary of the Air Force (SECAF) deny LSP.  The applicant's case file was forwarded to the SAF Personnel Council (SAFPC) on 24 Oct 00 for LSP consideration.  On 15 Dec 00, the SECAF approved the applicant's administrative discharge and denied LSP.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS states the applicant did not provide any new evidence or identify any errors or injustices that occurred in the processing of his discharge.  He has not submitted any evidence to warrant upgrading his discharge.  DPPRS believes the discharge was consistent with the procedural and substantive requirements of the discharge regulation; and the discharge was within the sound discretion of the discharge authority.  They recommend the requested relief be denied.

A copy of the Air Force evaluation is attached at Exhibit C.

AFPC/DPPRRP states that in accordance Title 10, United States Code (USC), Section 8914 allows the Secretary of the Air Force, upon a member's request, to retire an enlisted member of the AF who has at least 20, but less than 30 years of service computed under Title 10, USC, Section 8925.  The applicant, at the time of separation, had 19 years and 10 months of active service; therefore, he could not request retirement because he was not retirement eligible.

The applicant did not meet the criteria to retire under the 15-year Voluntary Early Retirement Program.  A member must have 15 years of creditable active service, but less than 20 years of 
service upon date of separation.  The FY96 Voluntary Early Retired Program was the last year enlisted members were authorized to apply for the early retirement program.  In order to apply under the FY96 Early Retirement Program, a member's Total Active Federal Military Service Date for (TAFSMD) master sergeant and below had to be 30 Sep 78 or earlier.  The applicant's TAFSMD was 13 Mar 81.  The latest retirement effective date a member could request was 1 Jan 96 and the applicant at that time would have served 14 years and 9 months and 18 days of active service.  They recommend the request be denied (Exhibit D).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 5 Apr 02, for review and response.  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 timely filed.

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 opinions and recommendations of the Air Force and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Based on the documentation in the applicant's records, it appears that the processing of the discharge and the characterization of the discharge were appropriate and accomplished in accordance with Air Force policy.  Applicant states that he was made to wait over a year before being separated.  However, he fails to indicate that his further misconduct while under consideration for separation caused the delay.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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.

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The following members of the Board considered AFBCMR Docket Number 02-00159 in Executive Session on June 18, 2002, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 15 Jan 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 13 Mar 02.
   Exhibit D.  Letter, HQ AFPC/DPPRRP, undated, w/atchs.
   Exhibit E.  Letter, SAF/MRBR, dated 5 Apr 02.