RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-02844 INDEX CODE:	110.00

COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His	separation	program	designator	(SPD)	code	of	“HKK” (Misconduct-Drug Abuse - Board waiver) be changed.

APPLICANT CONTENDS THAT:
His SPD code reflects an undesirable person.	He was accused of theft, but the charges were dropped.

The applicant's complete submission is at Exhibit A.

STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 6 Mar 73, and was progressively promoted to the grade of sergeant.

On 19 Aug 76, he was entered into the Drug Rehabilitation Program. He participated in the program for approximately six months and was removed from the program on 22 Feb 77. Upon his reassignment to Myrtle Beach AFB, the applicant was apprehended in the barracks for possession and use of marijuana for which he received an Article 15, with a reduction in grade to airman first class and seven days additional duty. The applicant was again entered into the Drug Rehabilitation Program on 21 Jul 77. Five days later, he intentionally took an overdose of a prescribed medication (Phenobarbital) in an apparent attempt to take his own life.

On 14 Nov 77, the squadron commander notified the applicant he was recommending he be discharged from the Air Force for drug abuse. The applicant acknowledged receipt of the discharge notification, and after consulting with legal counsel, submitted a conditional waiver contingent upon his receipt of no less than an honorable discharge. The staff judge advocate found the case legally sufficient to support discharge. The discharge authority accepted the applicant’s conditional waiver and directed an honorable discharge.

The applicant was discharged under the provisions of AFM 39-12, paragraph 2-15c, for drug abuse. He served on active duty for a period of 3 years, 3 months, and 13 days.

AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial. DPSOS states the facts in this case support the basis for the applicant’s discharge and the discharge was appropriately administered and within the discretion of the discharge authority. The applicant did not provide any evidence that an error or injustice occurred in the processing of his discharge warranting a change to his SPD code. DPSOS notes the applicant stated he was accused of theft; however, they found no theft related evidence in the applicant’s discharge package.

The complete DPSOS evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 9 Jan 09, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received.

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 its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. It appears from the evidence provided that the SPD code which was issued at the time of the applicant’s separation accurately reflects the circumstances of his separation and we do not find this code to be in error or unjust. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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 Docket Number BC-2008-02844 in Executive Session on 3 March 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence pertaining to Docket Number BC-2008-02844 was considered:

Exhibit A.	DD Form 149, dated 28 Jul 08.
Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, AFPC/DPSOS, dated 21 Nov 08. Exhibit D.	Letter, SAF/MRBR, dated 9 Jan 09.