RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00675
		INDEX CODE 110.00 110.02 100.06
		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded, his reason for separation be changed from “Misconduct – Drug Abuse” and his reenlistment eligibility (RE) code be changed from 2B.

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APPLICANT CONTENDS THAT:

It has been 19 years since his discharge and he has worked in various occupations, all of which required some form of drug screening.  He has been married for 14 years and been a father.  He was rightfully discharged from the Air Force in 1983, but has successfully stopped using [drugs] over the course of the last 19 years.  He feels that after 19 years he should be given the opportunity to show his DD Form 214 to anyone who requests it without the label of “Drug Abuse” or “under honorable conditions,” and to be able to show his DD Form 214 with pride.

In support of the applicant’s appeal, he provided a personal statement and a copy of DD Form 214 (Certificate of Release or Discharge from Active Duty).

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 18 December 1979, the applicant enlisted in the Regular Air Force in the grade of airman basic.  His highest grade held was sergeant (E-4).  His noncommissioned officer status (NCO) was vacated on 7 October 1983 due to his involvement with drugs.  Applicant’s grade at time of discharge was senior airman (SrA/E-4).

On 19 December 1983, the applicant was discharged by reason of Misconduct – Drug Abuse and issued a reenlistment eligibility (RE) code 2B (involuntarily separated under AFR 39-10, with a general discharge).  The pertinent facts surrounding his discharge are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this application and recommended denial.  They stated that the commander notified the applicant on 23 November 1983,that he was being discharged for misconduct - drug abuse, as evidenced by his positive urinalysis on 25 August 1983 and the report conducted by the Air Force Office of Special Investigation.  His commander vacated his noncommissioned officer (NCO) status on 7 October 1983, stating that his drug involvement did not maintain the highest standards of personal conduct, integrity and responsibility expected of an NCO.  They found that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, that the discharge was within the sound discretion of the discharge authority.  They also noted that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  Accordingly, they recommended his records remain the same and his request be denied.  

A complete copy of the evaluation is at 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 on 12 April 2002 for review and comment within 30 days.  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 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 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.

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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 this application AFBCMR Docket Number 02-00675 in Executive Session on 11 June 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Mar 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 4 Apr 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Apr 02, w/atchs.