RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02966
		INDEX CODES:  100.05, 100.06,
                                               110.02, A66.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

His narrative reason for separation be changed from “drug abuse” to “drug urinalysis.”

His reenlistment eligibility (RE) code of 2B be changed.

His records be corrected to reflect award of the Air Force Specialty Code (AFSC) of 87130N.

His post-service achievements be reviewed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His post-service achievements should be reviewed and his discharge, reason for separation, and RE code should be changed; and, his records should reflect an additional AFSC.

In support of his appeal, the applicant provided a DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, a summary of a Security Police investigation, a letter pertaining to an audition for retraining, and post-service documentation.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 28 Jun 82 for a period of six years in the grade airman basic.

On 12 Sep 85, the applicant’s commander notified him that he was recommending that he be discharged for commission of a serious offense, specifically, drug abuse.  The reason for this action was the applicant’s wrongful use of marijuana between on or about 8 Jul 85, as evidenced by a positive urinalysis specimen.  The applicant was advised of his rights in the matter and that a general discharge would be recommended.

On 1 Nov 85, the office of the Staff Judge Advocate recommended that the applicant be discharged with a general discharge.

On 15 Nov 85, the discharge authority approved the discharge action and directed that the applicant be furnished a general discharge.

On 5 Dec 85, the applicant was discharged under the provisions of AFR 39-10 (Misconduct - Drug Abuse) and furnished a general discharge.  He was credited with three years, five months, and eight days of active service.

On 27 Jan 88, the Air Force Discharge Review Board (AFDRB) considered and denied his request to upgrade his general discharge to honorable.

By letter, dated 15 Oct 03, the Separations Branch (AFPC/DPPRSP) notified the applicant that his DD Form 214, Certificate of Release or Discharge from Active Duty, had been administratively corrected to reflect his AFSC as 81152, rather than 81132, and his character of service to reflect Under Honorable Conditions (General), rather than General.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAC indicated that a thorough review of the applicant’s personnel records substantiated that he possessed a primary AFSC of 81152 (Law Enforcement Specialist) when he was discharged from active duty.  However, the letter provided by the applicant only reflected that he was auditioned and qualified to apply for retraining into the AFSC of 87130N (Apprentice Instrumentalist, Guitar).  He was not awarded the AFSC.  Although they did not support granting the specific relief sought by the applicant, they do recommend that the applicant’s records be corrected to reflect the AFSC of 81152.

A complete copy of the AFPC/DPPAC evaluation is at Exhibit C.

AFPC/DPPRSP recommended denial indicating that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He did not provide any facts warranting an upgrade of his discharge, and his narrative reason for separation was correctly given as referenced by the commander’s recommendation and legal review.

A complete copy of the AFPC/DPPRSP evaluation is at Exhibit D.

EXAMINER'S NOTE: An Air Force evaluation pertaining to the RE code was not received; however, prior to forwarding the case to the Board the Air Force determined that the RE code assigned is correct.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on 31 Oct 03 for review and response.  As of this date, no response has been received by this office (Exhibit E).

_________________________________________________________________

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.

	a.  Concerning the applicant’s request that his discharge be upgraded and his reason for separation and RE Code be changed, we note that the applicant had a positive urinalysis test for marijuana.  As a result, he was given a general discharge for misconduct based on drug abuse and assigned an RE code of 2B.  No evidence has been presented that would lead us to believe that his character of service and the reason for his separation were improper or contrary to the governing directives under which they were effected, or that the RE code was inappropriately assigned.  We took note of the applicant’s post-service documentation.  However, due to the seriousness of his misconduct, we are not inclined to afford him any relief based on clemency at this time.  In view of the foregoing, and in the absence of sufficient evidence to the contrary, the applicant’s requests are not favorably considered.

	b.  Regarding the applicant’s request that his records be corrected to reflect award of the AFSC of 87130N, we note that the applicant auditioned and qualified to apply for retraining into the AFSC.  However, no evidence has been presented which has shown to our satisfaction that he was ever awarded the AFSC.  In view of the foregoing, and in the absence of sufficient evidence to the contrary, the applicant’s request is not favorably considered.

	c.  We note that the applicant’s records have been corrected administratively to reflect his AFSC as 81152, rather than 81132, and his character of service to reflect Under Honorable Conditions (General), rather than General.  Therefore, no further action concerning these matters is necessary.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2003-02966 in Executive Session on 2 Dec 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Sep 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAC, dated 10 Oct 03.
    Exhibit D.  Letter, AFPC/DPPRSP, dated 16 Oct 03.
    Exhibit E.  Letter, SAF/MRBR, dated 31 Oct 03.