RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03230
            INDEX CODE:  A28.10

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable  conditions  discharge)  be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of the decision to discharge him, he  was  under  a  great
deal of stress.  He was also having trouble with his immaturity, which
led to trouble with civilian authorities.

In  support  of  his  appeal,  the  applicant  provided   post-service
documentation, to include supportive statements,  and  his  separation
document.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 17 Jul 73 for a  period
of six years in the grade airman basic.

On 22 Oct 75, the applicant’s  commander  notified  him  that  he  was
initiating action against him with a view to effecting the applicant’s
discharge for a character and behavior disorder.  The reasons for  the
action were:  a psychiatric evaluation had revealed  that  he  had  an
immature   personality,   chronic,   severe,   which   warranted   his
consideration for administrative elimination from the Air Force.  This
was manifested  by  use  of  drugs,  failure  to  follow  rules,  poor
judgment, manipulative behavior, precipitating  stress,  minimal,  and
failure to get cross-training; the applicant admitted to the  improper
use of drugs in that he had been using spray paint for three years  to
get high; on 29 Sep 75, he failed to go at the time prescribed to  his
place of duty; on  12  Oct  75,  he  was  charged  by  local  civilian
authorities with theft and butchering of beef; and, on 17 Oct  75,  he
was apprehended by local civilian authorities and charged with growing
and cultivating a controlled substance (marijuana).  The applicant was
advised that a general discharge would be recommended.

On 23 Oct 75, the evaluation officer  advised  the  applicant  of  his
rights, including his right to submit a rebuttal and  make  statements
in his own behalf.  The  applicant  did  not  submit  a  statement  of
rebuttal to the discharge action.

On 23 Oct 75, the  office  of  the  Staff  Judge  Advocate  found  the
discharge case file to be legally sufficient and recommended that  the
applicant be furnished a general discharge.

On 24 Oct 75, the discharge authority approved  the  discharge  action
and directed that the applicant be furnished a general discharge.

On 24 Oct 75, the applicant was discharged under the provisions of AFM
39-12 (Character  and  Behavior  Disorder)  and  furnished  a  general
discharge.  He was credited with two years, three  months,  and  eight
days of active service.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, West Virginia, provided a copy of an investigation report,
which is at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRSP  recommended  denial  indicating  that  based   upon   the
documentation in the file, they believe the discharge  was  consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation, and was within the discretion of the discharge  authority.
In AFPC/DPPRSP’s view, the applicant did not identify  any  errors  or
injustices that occurred in  the  discharge  processing  and  did  not
provide any facts warranting an upgrade of his discharge.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a  response  and
additional documentary evidence which are attached at Exhibit F.

A copy of the FBI Report was forwarded to applicant on 18 Dec  03  for
review and response.  As of this date, no response has  been  received
by this office (Exhibit G).

_________________________________________________________________

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.  The evidence of record indicates
that the applicant was involuntarily discharged for  a  character  and
behavior disorder.  There is no indication in  the  evidence  provided
that the  applicant’s  discharge  was  improper  or  contrary  to  the
provisions of the discharge directive under which it was effected.  We
reviewed the post-service documentation provided by the  applicant  in
support of his appeal.  However, due to its limited nature, we do  not
find the documentation sufficient to warrant favorable action based on
clemency at this time.  In view of the  above,  we  conclude  that  no
basis exists to recommend favorable action on the applicant’s  request
that his general (under honorable conditions) discharge be upgraded to
honorable.

_________________________________________________________________

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-
2003-03230 in Executive Session on 13 Jan 04, under the provisions  of
AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Olga M. Crerar, Member
      Mr. Christopher Carey, Member

The following documentary evidence pertaining to Docket Number BC-2003-
03230 was considered:

    Exhibit A.  DD Form 149, dated 5 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Letter, AFPC/DPPRSP, dated 21 Oct 03.
    Exhibit E.  Letter, SAF/MRBR, dated 31 Oct 03.
    Exhibit F.  Letter, applicant, undated.
    Exhibit G.  Letter, AFBCMR, dated 18 Dec 03.




                                   CHARLENE M. BRADLEY
                                   Panel Chair