RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01852
		INDEX CODE 110.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He made a terrible mistake and is sorry for his actions.  He would like another chance to continue his military service career.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 7 September 1977. On 17 October 1980, the applicant was discharged under the provisions of AFM 39-12 (Misconduct-Drug Abuse), with service characterized as under honorable conditions in the grade of senior airman. He served 3 years, 1 month and 10 days of active service.

On 22 September 1980, applicant's commander recommended discharge for drug abuse as evidenced by a Memo for Record dated 17 June 1980, which revealed applicant admitted to personal use of marijuana on several occasions.  An AFOSI Report of Investigation revealed applicant had smoked marijuana with another individual on three occasions in May and June 1980.  Applicant was admitted to the SAC Drug Rehabilitation Center, but was terminated on 4 September 1980 after he made a statement to the commandant that he accepted the program with full intent to still use illegal drugs.  Applicant admitted he had continued to use marijuana even after he was identified as a user by the AF authorities.  Probation and rehabilitation was not recommended after he was eliminated from drug rehabilitation.  Applicant was offered a conditional waiver, contingent upon receiving a general discharge.  The Discharge Authority considered the conditional waiver submitted by the member and ordered the general discharge without probation and rehabilitation.

On 11 December 1987, the Air Force Discharge Review Board reviewed and denied the applicant's request for upgrade.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  Additionally, he provided no facts warranting an upgrade of his s.  Accordingly, they recommend his records remain the same and his request be denied.  He has not filed a timely request.  

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 28 June 2002, for review and comment within 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 not timely filed; however, the Board excused the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that his discharge should be upgraded to honorable.  The applicant has not established by his submission that his commander abused his discretionary authority, and since we find no abuse of that authority, there is no compelling reason to overturn the commander’s decision.  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 of having suffered either an error or an injustice.   Therefore, in absence of evidence to the contrary, we find no basis to recommend granting the relief sought.

_________________________________________________________________

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 Docket Number 02-01852 in Executive Session on 18 September 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 12 Jun 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 20 Jun 02.
	Exhibit D.	Letter, SAF/MRBR, dated 28 Jun 02.

	Panel Chair