RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-03639
		INDEX NUMBER: 100.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general discharge be upgraded.

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THE APPLICANT CONTENDS THAT:

Throughout the processing of his discharge, there was always a lack of legal representation on the base.  As a result, all of his legal advice was received over the phone.

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

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 7 June 1974.  He was progressively promoted to the grade of staff sergeant with an effective date and date of rank of 1 December 1980.

On 6 August 1982, the applicant received notification that he was being recommended for discharge for drug abuse.  The commander’s reasons for the action were the two Article 15s the applicant received for wrongfully possessing marijuana on 21 August 1979 and 18 June 1982, unlawfully striking a special agent of the Office of Special Investigation (OSI), and failing to go at the time prescribed to his appointed place of duty; and the Letter of Reprimand (LOR) he received for assaulting his wife.  The commander approved his waiver of his rights to an administrative discharge board hearing contingent upon his receipt of a general discharge.  He received a general discharge on 29 October 1982, under the provisions of AFM 39-12 (Misconduct Drug Abuse - Board Waiver).  He had completed a total of 8 years, 4 months, and 23 days of active service.  He was serving in the grade of senior airman (E-4) at the time of discharge.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states, in part, the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  The applicant has not submitted any evidence or identified any errors or injustices that occurred in the processing of his discharge.

The AFPC/DPPRS evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 19 December 2003 for review and response within 30 days.  However, as of this date, this office has received no response.

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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.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted.  In this respect, we note the discharge appears to be in compliance with the governing manual in effect at the time of his separation and we find no evidence to indicate that his separation from the Air Force was inappropriate.  We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of applicant's appeal, we do not believe he has suffered from an injustice.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider 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 Docket Number BC-2003-03639 in Executive Session on 4 February 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 16 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.