RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2004-
03868
                                             INDEX CODE:  110.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  6 DECEMBER 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant makes no contentions.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 23  Sep  80,  for  a
period of four years in the  grade  of  airman  first  class.   His
highest grade held was senior airman.

Applicant’s Airman Performance Report (APR) profile follows:

      PERIOD ENDING               OVERALL EVALUATION

      11 Aug 81                      7
       8 Feb 82                      9
       8 Feb 83                      8

Applicant received Article 15 punishment on 20 Apr 81, for wrongful
use and possession of marijuana; punishment imposed  was  a  14-day
restriction to base, forfeiture of $125, and a suspended  reduction
in grade to airman.

Applicant  received  Article  15  punishment  on  30  Mar  83,  for
operating a passenger car on base near  the  taxiway  while  drunk;
punishment imposed was reduction in grade to airman first class.

On 20 Apr 83, applicant’s squadron commander notified him  that  he
was recommending he be discharged from the Air Force for a  pattern
of misconduct.  He  recommended  the  applicant  receive  an  under
honorable conditions (general) discharge based on his discreditable
involvement  with  military  or  civil  authorities,   citing   the
incidents for which the applicant received the above cited  Article
15 punishments.  Other cited disciplinary  action  was  applicant’s
receipt of a Letter of Reprimand on 22 Mar 83,  for  possession  of
marijuana in Jan 83.

The Assistant Staff Judge Advocate reviewed the case and  found  it
to be  legally  sufficient  and  recommended  a  general  discharge
without probation and rehabilitation.  On 2 May 83,  the  discharge
authority approved the discharge and directed a general discharge.

On 5 May 83, applicant was discharged in the grade of airman  first
class, under the provisions of AFR 39-10, by reason of misconduct –
pattern  of  discreditable  involvement  with  military  or   civil
authorities, and given a general discharge.  He was credited with 2
years, 7 months, and 13 days of active military service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied, and states,  in
part, based on the documentation on file in  the  master  personnel
records, the discharge  was  consistent  with  the  procedural  and
substantive  requirements  of  the   discharge   regulation.    The
discharge was within the discretion of the discharge authority.

The applicant did not submit any evidence or identify any errors or
injustices   that   occurred   in   the    discharge    processing.
Additionally, the applicant provided no facts warranting  a  change
to his character of service.

A complete copy of the Air Force evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 Jul 05, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and comment within 30 days.   To  date,  a
reply has not been received by this office (Exhibit D).

___________________________________________________________________

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 available evidence, the discharge  appears  to
be in compliance with the governing regulations in  effect  at  the
time and we find no  evidence  to  indicate  that  the  applicant’s
separation from the  Air  Force  was  inappropriate.   We  find  no
evidence of error in this case and after thoroughly  reviewing  the
documentation that has been submitted  in  support  of  applicant’s
appeal, we do not believe he has suffered from  an  injustice.   In
addition,  the  applicant  has  not  provided   any   documentation
concerning his post-service activities and accomplishments  for  us
to conclude that the characterization  of  his  service  should  be
upgraded to fully honorable based on clemency.  Therefore, based on
the available evidence of record, we find no basis  upon  which  to
favorably consider his request.

___________________________________________________________________

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-2004-
03868 in Executive Session on 11 August 2005, under the  provisions
of AFI 36-2603:

      Ms. Marilyn M. Thomas, Vice Chair
      Ms. Sue A. Lumpkins, Member
      Mr. Gregory A. Parker, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 May 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 5 Jul 05.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Jul 05.




                                   MARILYN M. THOMAS
                                   Vice Chair