RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00704
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  2 SEP 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than  honorable  conditions  (UOTHC)  discharge  be
upgraded to honorable.

___________________________________________________________________

APPLICANT CONTENDS THAT:

It is an injustice to continue to suffer the  adverse  consequences
of a bad discharge.  He feels what happened 21  years  ago  in  his
young life was a tragic mistake that he made, and both he  and  his
family have paid a very  high  price  for  that  mistake.   He  has
changed and is asking for help.

His records of promotions show he  was  generally  a  good  service
member, always promoted in a timely manner, and  on  schedule.   He
received top awards on numerous occasions,  and  was  so  close  to
finishing his tour that it was unfair to give him a bad discharge.

In support of his appeal, applicant submitted a personal statement;
extracts from his military personnel  record;  copies  of  numerous
awards; copies  of a criminal background check and his gun license;
an employment  resume,  personal  family  documents,  and  numerous
letters of character reference  from  family  members,  associates,
former service members, police officials, co-workers and employers.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  16  Jun  81  for  a
period of four years.  He was promoted to the grade of airman first
class with an effective date and date of rank of 16 Jun 82.

Applicant’s  received  two  airman   performance   reports   (APRs)
reflecting overall ratings of 7 (15 Jun 82) and 8 (15 Jun 83).

On 28 Sep 82, applicant failed to go at the time prescribed to  his
appointed place of duty.  For this offense, he received Article  15
punishment consisting of a suspended reduction in grade  to  airman
and restriction to the base for 15 days.

On 20 Apr 84, court-martial  charges  were  preferred  against  the
applicant  for  three  specifications   of   wrongful   possession,
distribution, and use of marijuana in the hashish  form  on  divers
occasions from on or about 1 Oct 83 to on or about  1  Dec  83,  in
violation of Article 134, UCMJ.

On 1 May 84, after consulting with counsel and having been  advised
of his rights, applicant requested discharge in lieu  of  trial  by
court-martial in accordance with AFR  39-10,  Chapter  4.   In  his
request, he acknowledged his understanding that he could receive  a
UOTHC discharge, regardless of the recommendation, and that he  was
aware of the adverse nature  of  such  a  discharge,  the  possible
consequences, and that it could deprive him of veterans’ benefits.

On 29 May 84, the squadron commander  recommended  the  applicant’s
request be approved and that he be furnished a UOTHC discharge.  He
stated that although the offenses  were  serious,  several  factors
mitigated toward administrative  separation  rather  than  judicial
disposition.  First and foremost, was the willing testimony of  the
applicant which possibly  led  to  the  successful  prosecution  of
other, more serious, offenders.  On 11  Jun  84,  the  staff  judge
advocate (SJA) found the case legally sufficient for discharge  and
recommended approval of  the  request  with  an  under  other  than
honorable conditions discharge.

On 13 Jun 84,  the  wing  commander  recommended  approval  of  the
request for a discharge in lieu of trial by  court-martial  with  a
UOTHC discharge; he considered probation  and  rehabilitation,  but
deemed it inappropriate.  On 10 Jul  84,  the  discharge  authority
approved the request for discharge and directed  the  applicant  be
issued a UOTHC discharge.

On 17 Jul 84, the applicant was discharged under the provisions  of
AFR 39-10, with service characterized as under other than honorable
conditions.  He served 3 years, 1 month, and 2 days on active duty.

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, WV, indicated on 8 Apr 05, that, on  the
basis of data furnished, they are unable to locate an arrest record
(Exhibit E).

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based  on
documentation in the file, they found the discharge consistent with
the  procedural  and  substantive  requirements  of  the  discharge
regulation.  Additionally,  the  discharge  was  within  the  sound
discretion of the discharge authority.  They also  noted  applicant
did  not  submit  any  new  evidence  or  identify  any  errors  or
injustices that occurred in the discharge processing  and  provided
no other facts warranting a change to his character of service.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 25 Mar 05 for review and comment within 30  days.   As  of  this
date, no response has 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.  After careful consideration of the evidence of record, we found
no evidence that  the  actions  taken  to  effect  the  applicant’s
discharge were improper  or  contrary  to  the  provisions  of  the
governing regulations in effect at the time, or  that  the  actions
taken against the applicant were based on factors  other  than  his
own misconduct.  We do not condone the behavior which  led  to  the
applicant’s  court-martial  charges   and   subsequent   discharge.
However, in view of the absence of any  derogatory  information  on
the FBI Report  and  noting  the  letters  of  character  reference
submitted in his behalf, it appears he has overcome the  behavioral
traits which led to  his  discharge  and  has  been  a  responsible
citizen and productive member  of  society  since  his  separation.
Therefore, we find that an upgrade of the characterization  of  his
discharge to general (under honorable conditions) is  warranted  on
the  basis  of  clemency.   Accordingly,  we  recommend  that   the
applicant’s records be corrected as indicated below.  An  honorable
discharge was considered; however, in view of his overall record of
service, we do not believe that an  upgrade  of  his  discharge  to
fully honorable is warranted.


___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that on 17  July  1984,
he was discharged with  service  characterized  as  general  (under
honorable conditions).

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-00704 in Executive Session  on  23  June  2005,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Christopher D. Carey, Member
      Mr. Wayne R. Gracie, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 2 Mar 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 16 Mar 05.
     Exhibit D.  Letter, SAF/MRBR, dated 25 Mar 05.
     Exhibit E.  FBI Report of Investigation, dated 8 Apr 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair



AFBCMR BC-2005-00704




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of the Air
Force relating to XXXXXXX, XXXXXXX, be corrected to show that on 17
July 1984, he was discharged with service characterized as general
(under honorable conditions).






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency