RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-00714
                                       INDEX CODE:  110.02
      XXXXXXXXXXXXXXXXXXXXXX            COUNSEL: NONE

      XXXXXXXXXXXXX                     HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  3 September 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged unfairly.  His use  of  alcohol  and  drugs  impaired  his
ability to serve.  He received an  honorable  discharge  effective  8  March
1970 (reenlistment).

In support of his application, he  provided  copies  of  his  DD  Form  293,
Application for the Review of Discharge or Dismissal from the  Armed  Forces
of the United States and his DD Forms 214 effective  8  March  1970  and  24
July  1970.   A  copy  of  the   applicant’s   complete   submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 8 September 1966, the applicant enlisted in the Regular Air Force at  the
age of 18 in the grade of airman basic (E-1) for a  period  of  four  years.
He was progressively promoted to the grade of sergeant (E-4)  effective  and
with a date of rank of 1  October  1969.   The  applicant  was  trained  and
served as an  Apprentice  Security  Policeman.   He  received  six  enlisted
performance reports from the period 8 September 1966 through 10  March  1970
with overall ratings of “outstanding,” “exceptional,” very good,” 8, 8,  and
8.

On 17 March 1970, the applicant signed out  of  his  unit  for  a  Permanent
Change of Station (PCS) with a Transfer Effective Date  (TED)  of  15  April
1970.  On 18 March 1970, the applicant was arrested; charged with sales  and
possession of marijuana and possession  and  sales  of  LSD  (lysergic  acid
diethylamide); and held in civilian custody.  His assignment  was  cancelled
and he was reassigned to England AFB, LA, for duty status  purposes.   On  4
May 1970, the applicant was released on bond, pending civil  trial.   On  10
June 1970, the applicant submitted a plea of guilty for both counts and  was
sentenced by the State of Louisiana  to  nine  months  of  confinement  (six
months and three months to be served consecutively).

On 18 June 1970, his  squadron  commander  notified  the  applicant  of  his
recommendation for the applicant’s undesirable discharge based on his  civil
court conviction.  On 19 June 1970, the applicant acknowledged receipt,  and
after consulting counsel, waived his rights to appear before a board and  to
submit statements in rebuttal.  On 30 June 1970, the  Staff  Judge  Advocate
(SJA) found the discharge file legally sufficient;  however,  based  on  the
applicant’s superlative prior record,  the  SJA  recommended  the  applicant
should be considered for a general discharge  rather  than  the  undesirable
discharge recommended by the squadron commander.

On 7 July 1970,  his  commander  recommended  approval  of  the  applicant’s
general discharge without probation or rehabilitation.   On  17  July  1970,
the discharge authority approved the applicant’s discharge and  directed  he
receive an undesirable discharge.

The applicant was discharged effective 24 July  1970  with  an  under  other
than honorable conditions discharge.  He served 3 years, 7  months,  and  14
days of active duty.  The applicant’s time lost was 93 days due to  civilian
confinement.

On 7 December 1973, the Air Force  Discharge  Review  Board  considered  and
denied the applicant’s request to upgrade his characterization of  discharge
to honorable.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, provided a copy of an  Investigation  Report  pertaining  to
the applicant, which is at Exhibit F.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states the  applicant’s  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation in affect at that time and was  within  the  discretion
of the discharge authority.  The applicant did not submit  any  evidence  or
identify  any  errors  or  injustices  that  occurred   in   his   discharge
processing.  It is DPPRS’ opinion that the applicant has provided  no  facts
warranting a change to his character of service.  The  DPPRS  evaluation  is
at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation and the FBI report  were  forwarded  to
the applicant on 18 March 2005 and 22 June 2005  for  review  and  comment
(Exhibits D and G).  Additionally, on 29 March  2005,  the  applicant  was
given the opportunity to submit comments about his post service activities
(Exhibit E).  The applicant responded to  the  FBI  report,  stating  that
information  contained  in  the  FBI  report  was  incorrect,  i.e.,  race
identified as black, hair fair blonde,  eyes  brown,  weight  145  pounds;
while he is actually white, hair brown, eyes blue, and weight 210  pounds.
He also states that his second arrest was the reason  for  his  discharge.
He was forced into a plea and did not agree with what happened.  He  would
like to explain in person if possible.

_________________________________________________________________

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 probable error or injustice.  The applicant  did  not  provide
persuasive evidence showing the  information  in  the  discharge  case  was
erroneous, his substantial rights were violated,  or  that  his  commanders
abused their discretionary authority.  The  characterization  of  discharge
which was issued at the  time  of  the  applicant’s  separation  accurately
reflects the circumstances of  his  separation  and  we  do  not  find  the
characterization of discharge to be in error or unjust.   Furthermore,  the
applicant has provided no  evidence  indicating  that,  subsequent  to  his
separation, he has made a successful post service adjustment.  We note  his
complaints concerning  the  FBI  Report  provided  for  our  review.   Even
considering the possibility the information FBI  Report,  in  whole  or  in
part, does not pertain to the applicant, without  substantial  evidence  by
the applicant showing that, in the 35 years since  his  discharge,  he  has
become a productive and upstanding member of  his  community,  we  are  not
inclined to favorably consider his request based on  clemency.   Therefore,
the applicant’s request is denied.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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 this application in  Executive
Session on 28 July 2005, under the provisions of AFI 36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Ms. Renee M. Collier, Member
                 Mr. Terry L. Scott, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2005-00714:

      Exhibit A.  DD Form 149, dated 24 Feb 05, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/ DPPRS, dated 11 Mar 05.
      Exhibit D.  Letter, SAF/MRBR, dated 18 Mar 05.
      Exhibit E.  Letter, SAF/MRBC, dated 29 Mar 05.
      Exhibit F.  FBI Report, dated 1 Apr 05.
      Exhibit G.  Letter, SAF/MRBC, dated 22 Jun 05 and
                 applicant’s undated response.




                                                   KATHLEEN F. GRAHAM
                                                   Panel Chair