RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02295
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

He be reinstated to active duty or his general (under honorable conditions) discharge be upgraded to an honorable discharge.

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APPLICANT CONTENDS THAT:

He has been unjustly discharged from the Air Force.  He was coerced by the Office of Special Investigation (OSI) into writing a false statement, thereby inadvertently incriminating himself and succumbing to a threat of court-martial.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 16 July 2002, in the grade of airman basic for a period of six years.

On 20 October 2003, the applicant was notified of his commander's intent to impose nonjudicial punishment upon him for the following:  He, did, within the state of California, between on or about 7 August 2003 and on or about 9 August 2003, on divers occasions, wrongfully use marijuana.

On 27 October 2003, after consulting with counsel, applicant waived his right to a trial by court-martial, requested a personal appearance and submitted a written presentation.

On 28 October 2003, he was found guilty by his commander who imposed the following punishment:  Reduction to the grade of airman basic from airman first class, with a new date of rank (DOR) of 28 October 2003, and 45 days extra duty.

The applicant did not appeal the punishment.  The Article 15 was filed in his Unfavorable Information File (UIF).

On 11 December 2003, the applicant was notified of his commander's intent to initiate discharge action against him for Misconduct, Drug Abuse.  The specific reason was the Article 15 dated 20 October 2003.

The commander indicated in his recommendation for discharge action that probation and rehabilitation were not authorized for drug abuse cases, pursuant to AFI 36-3208, Chapter 7, Paragraph 7.2.6.  Due to the serious nature of the offense committed, the applicant’s continued service would have been detrimental to the overall mission of his squadron and Travis AFB.  The commander believed the discharge to be appropriate.

The commander advised the applicant of his right to consult legal counsel, submit statements in his own behalf, or waive his rights after consulting with counsel.

After consulting with counsel, the applicant submitted statements in his own behalf.

On 24 December 2003, the Staff Judge Advocate recommended the applicant be discharged with service characterized as general (under honorable conditions) without probation and rehabilitation and the applicant be barred from Travis AFB.

On 31 December 2003, the discharge authority approved the applicant’s general (under honorable conditions) discharge.

On 14 January 2004, the applicant was discharged in the grade of airman basic, with service characterized as general (under honorable conditions), under the provisions of AFI 36-3208 (Misconduct).  He served 1 year, 5 months, and 29 days of total active duty service.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated based on the documentation on file in the applicant’s records, his discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 13 August 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response 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 timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting the applicant be reinstated to active duty or his general (under honorable conditions) discharge upgraded to an honorable.  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 and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The applicant has failed to demonstrate the commander exceeded his authority or the reason for the discharge was inaccurate or unwarranted.  The applicant’s contention regarding coercion by the OSI is noted; however, the Board believes responsible officials applied appropriate standards in effecting the separation, and the Board does not find persuasive evidence in which pertinent regulations were violated or the applicant was not afforded all the rights to which entitled at the time of discharge.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or an injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2004-02295 in Executive Session on 21 October 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 April 2004, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 5 August 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 13 August 2004.