RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02450
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The reason for his discharge be changed, and all references to “drug dependency” be removed from his records.

(Examiner’s Note:  The applicant’s request is not clear on his application.  However, it appears he desires his records be corrected as indicated above).

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APPLICANT CONTENDS THAT:

The reasons for his discharge were improper and inequitable.

He was mistreated, abused, was not properly counseled, and provided improper medical attention.

He has never possessed or abused drugs.

In support of his appeal, the applicant provided extracts from his military personnel records, supportive statements, personal statements, and other documents associated with the matter under review.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 6 Jul 71 for a period of four years in the grade of airman basic.

On 3 Aug 71, the applicant was convicted by special court-martial of going from his appointed place of duty on 19 Jul 71 and 21 Jul 71, and being absent from his organization from 22 Jul 71 to 23 Jul 71.  He was sentenced to confinement at hard labor for 14 days and forfeiture of $89.00 for one month.

On 13 Aug 71, he was psychiatrically evaluated by the Mental Hygiene Service of the Department of Psychiatry at Wilford Hall Medical Center.  He was diagnosed with emotionally unstable personality manifested by drug dependency, flashbacks, acting out, violent behavior, low stress tolerance, and a history of poor adjustment.  He was recommended for administrative separation.

On 16 Aug 71, the applicant’s commander notified him that he was initiating action against him with a view of effecting his discharge because of his inadaptability to military life, immaturity, poor performance, and his emotionally unstable personality as indicated by his mental health evaluation.  The applicant was advised of his rights in the matter and that he would be furnished an honorable discharge if the discharge action was approved.

On 19 Aug 71, the discharge authority approved the discharge action and directed that the applicant be furnished an honorable discharge.

On 25 Aug 71, the applicant was honorably discharged under the provisions of AFM 39-10 (Convenience of the Government - Failure to Meet Minimum Requirements for Retention in the Air Force).  He was credited with 25 days of active service, with 26 days of lost time.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial indicating the applicant did not submit any evidence or identify any errors or injustices that occurred in his discharge processing, and he provided no facts warranting removal of the documentation pertaining to “drug dependency.”

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a response, indicating, in part, he was never informed of his rights, inadequately counseled, and mistreated.  Furthermore, he was never tested for drug dependency and continues to deny any drug involvement.

Applicant’s complete response, with attachments, is at Exhibit E.

By letters, dated 18 Dec 04, the applicant provided additional documentary evidence for the Board’s consideration, which are attached at Exhibits F and G.

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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.

	a.  Concerning the applicant’s reason for separation, the evidence of record reflects he was honorably discharged for failure to meet minimum requirements for retention in the Air Force.  After reviewing the facts and circumstances of this case, we find no evidence that the applicant’s substantial rights were violated, that the information used as a basis for his separation was erroneous, or that his superiors abused their discretionary authority.  

	b.  Regarding the applicant’s request that all references to “drug dependency” be removed from his records, we note the applicant was evaluated by the Mental Hygiene Service and diagnosed with an emotionally unstable personality manifested by drug dependency.  The applicant claims he never possessed or used drugs.  Due to the absence of the applicant’s medical records, as well as the lack of other documentation available to us, we are unable to substantiate or refute his assertions.  However, based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that the applicant's diagnosis and references to his drug dependency were proper and accurate.  Notwithstanding this, if the applicant could provide documentation from his medical records or other documentation supporting his claim, we would be inclined to reconsider his request.

	c.  In view of the above, and in the absence of evidence to the contrary, we conclude that no basis exists upon which to recommend granting the relief sought in 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 AFBCMR Docket Number BC-2004-02450 in Executive Session on 16 Dec 04 and 3 Jan 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 30 Sep 04.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Oct 04.
    Exhibit E.  Letter, applicant, dated 9 Nov 04, w/atchs.
    Exhibit F.  Letter, applicant, dated 18 Dec 04, w/atchs.
    Exhibit G.  Letter, applicant, dated 18 Dec 04, w/atch.