RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-02590
                                        INDEX CODE:  110.00
                                        COUNSEL:  None
                                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Seven years from date of discharge, a one-level upgrade can be approved.

Applicant submits no supporting documentation.   Applicant’s  submission  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 25 November 1980, the applicant enlisted in the Regular Air Force in  the
grade of airman basic (E-1) for a period of 4 years.  He  was  progressively
promoted to the grade of airman (E-2), with a date of rank  of  4  September
1981.  He was reduced to the grade of airman basic (E-1),  with  a  date  of
rank of 12 November 1981, pursuant  to  an  Article  15.   He  received  two
Airman Performance Reports closing 24 November 1981 and  24  November  1982,
in which the overall evaluations were 8.

On 30 June 1981, he received  two  letters  of  counseling  for  failure  to
attend a dental appointment and a records review.

On 20 October 1981, he was charged with having possession  of  a  controlled
substance to wit: marijuana.  For this incident,  punishment  under  Article
15, Uniform Code of Military Justice (UCMJ), was  imposed.   He  received  a
reduction to airman basic and $250 per month for two  months  forfeiture  of
his pay.

On 14 January 1982, he received a letter of reprimand for failure to  attend
a scheduled dental appointment.

On 15 April 1982, he received a letter of counseling for failure  to  attend
a scheduled training.

On 23 July 1982, he received a letter of counseling for  traffic  violations
on base.

On 9 July 1982, he received a letter  of  reprimand  for  failing  dormitory
inspection.

On  17  December  1982,  the  applicant’s  commander   initiated   discharge
proceedings against him under the provisions of AFR 39-10, paragraph  5-46b,
for a pattern of misconduct.  The applicant was notified of his  commander’s
recommendation and that a general discharge was being recommended.   He  was
advised of his rights and he waived his  right  to  counsel  and  to  submit
statements in his own behalf.  In a  legal  review  of  the  discharge  case
file, the deputy staff  judge  advocate  found  it  legally  sufficient  and
recommended that he  be  discharged  from  the  Air  Force  with  a  general
discharge and concurred  with  the  commander  that  the  applicant  not  be
considered for probation and  rehabilitation.   On  28  December  1982,  the
discharge authority directed that he be  discharged  with  a  general  under
honorable conditions discharge.  Subsequently, the applicant was  discharged
under  the  provisions  of  AFR  39-10  (Misconduct  –  Pattern   of   Minor
Disciplinary  Infractions)  and  received   a   General   (Under   Honorable
Conditions) discharge.  He served 2 years, 1 month, and 12  days  on  active
duty.

Pursuant to the Board's request, the Federal Bureau of Investigation  (FBI),
Clarksburg, WV, indicated that on the basis  of  the  data  furnished,  they
were unable to locate an arrest record.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS  states  that  based
upon the documentation in the file, they conclude  that  the  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation and that the applicant did not identify any  errors  or
injustices in the discharge processing.  The  Air  Force  evaluation  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded by stating he  has  been  steadily  employed  since  his
discharge.  He is currently seeking employment with the  Federal  government
or state.  He continues to strive to better himself and does not indulge  in
any type of illegal drugs.

___________________________________________________________________



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  careful  consideration  of  the
applicant’s request and the available  evidence  of  record,  we  see  no
evidence that the information in his discharge case  file  is  erroneous,
his substantial rights were violated, or that his commanders abused their
discretionary  authority.    Applicant’s   contentions   and   supporting
statements were noted. However, the limited  evidence  provided,  in  our
estimation, is not of a sufficient quality and quantity  to  warrant  the
approval of  the  requested  relief.     However,  should  the  applicant
provide evidence pertaining to his post service activities,  testimonials
of friends and responsible citizens who know  him,  he  may,  of  course,
submit a request for clemency at a later time.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate
the  existence  of  probable  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  this  application  in
Executive Session on 16 November 2004, under the provisions  of  AFI  36-
2603:

           Ms. Marilyn M. Thomas, Panel Chair
           Ms. Kathleen F. Graham, Member
           Ms. Janet I. Hassan, Member

The following documentary  evidence  was  considered  for  AFBCMR  Docket
Number BC-2004-02590:

     Exhibit A.  DD Form 149, dated 14 Aug 04 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 10 Sep 04.
     Exhibit D.  Letter, SAF/MRBR, dated 17 Sep 04.
     Exhibit E.  Letter, Applicant, 30 Oct 04.





                                  MARILYN M. THOMAS
                                  Vice Chair