RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00838
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 11 AUGUST 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was never involved with  drugs  until  he  was  in  the  Air  Force.   He
indicates he was never given the opportunity for rehabilitation -  in  order
to remain in the service.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  3  August  1972  in  the
grade of airman basic for a period of four years.

On 8 February 1974, the applicant was notified of his commander's intent  to
impose nonjudicial punishment upon him for the following:   he  did,  on  or
about  24  January  1974,  without  authority,  absent  himself   from   his
organization to wit:  307th Field Maintenance Squadron, located  at  U-Tapao
Airfield, Thailand, and did remain so absent until on or  about  4  February
1974, in violation of the Uniform Code of Military Justice, Article 86.

The commander advised the applicant of his right to consult  legal  counsel,
to demand trial in lieu of action under Article  15,  submit  statements  in
his own behalf, or waive his rights after consulting with counsel.

After consulting with counsel, the applicant waived his right to a trial  by
court-martial, requested  a  personal  appearance,  and  did  not  submit  a
written presentation.

He was found guilty by his commander who imposed the  following  punishment:
reduction in grade from airman first class to airman and ordered to  forfeit
$100.00 per month for two months, but the execution of the  portion  of  the
punishment which provided for reduction to  airman  was  suspended  until  1
August 1974, at which time, unless the suspension  was  sooner  vacated,  it
would be remitted without further action.

The applicant did not appeal the punishment.

On 20 July 1974, the applicant was notified by his commander in  regards  to
the vacation of suspension and indicated because of  his  misconduct  on  13
July 1974, (without authority, he failed to go at  the  time  prescribed  to
his appointed place of duty, to wit:  AGE Shop, Building 5120, in  violation
of the Uniform Code of Military Justice, Article 86) he proposed  to  vacate
his suspension.

On 25 July 1974, the suspension of so much of the punishment  that  provided
for reduction to the grade of airman was vacated.  The reduction  to  airman
was duly executed.

A Mental Health  Clinic  Report,  dated  10  February  1975,  indicated  the
applicant was identified as a drug abuser.

A  Separation  Report  of  Medical  Examination,  dated  18  February  1975,
indicated heroin detoxification  (January  1975),  the  applicant  had  used
heroin and marijuana 10 months prior to admission.

On 25 February 1975, the Drug and Alcohol Abuse Control Officer  recommended
the applicant be discharged as soon as possible in accordance with  AFR  30-
2, paragraph 4-44.  It had  been  determined  the  applicant  was  a  heroin
addict.   The  commander  concurred  with   the   findings   of   the   Drug
Rehabilitation Team.  The  commander  indicated  the  applicant  was  to  be
medically evacuated at the earliest possible  time  for  detoxification  and
rehabilitation.

The applicant was discharged on 29 March 1975, in the grade of  airman  with
an under other  than  honorable  conditions  (UOTHC)  discharge,  under  the
provisions of AFM 39-12, Chapter 2, Section F, Paragraph 2-78.  He served  2
years, 7 months, and 16 days of total active military service  with  11 days
of time lost.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, provided an Investigative  Report,  which  is  at
Exhibit C.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPRS indicated there is no documentation  in  the  applicant’s  master
personnel records relating to the reason  for  discharge  or  the  discharge
process.  A DD Form 214, Report of Separation from Active  Duty,  shows  the
applicant was discharged under the provisions of  AFM  39-12.   He  has  not
furnished any documentation concerning his discharge  or  evidence  that  an
error or injustice occurred in the discharge processing.  The  documentation
in  the  master  personnel  records  and  (medical  records)  indicates  the
applicant admitted to using heroin, speed and marijuana.

They were unable to determine the propriety of the discharge  based  on  the
lack of documentation in his record.   The  applicant  did  not  submit  any
evidence  or  identify  any  errors  or  injustices  that  occurred  in  the
discharge processing.  The applicant contends he  never  had  a  chance  for
rehabilitation.  They defer to the  Board  to  determine  if  the  applicant
should be granted relief based on limited supporting  documentation  in  his
records.

The evaluation, with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 April 2005, a copy of the Air Force evaluation  was  forwarded  to  the
applicant for review and response within 30  days.   As  of  this  date,  no
response has been received by this office.

On 21 April 2005, the Board staff  requested  the  applicant  provide  post-
service documentation within 20 days (Exhibit F).   As  of  this  date,  the
applicant has not responded.

On 4 May 2005, the Board staff provided the  applicant  the  opportunity  to
respond to the FBI report within 20 days (Exhibit G).  As of this date,  the
applicant has not responded.

_________________________________________________________________

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  an  error  or  injustice.   The  Board  took  notice  of  the
applicant's complete submission in judging the merits of the case;  however,
the majority of the Board believes the applicant has not been the victim  of
an error  or  injustice.   The  applicant  has  failed  to  demonstrate  the
commander exceeded his  authority  or  the  reason  for  the  discharge  was
inaccurate or unwarranted.  Absent  evidence  to  the  contrary,  the  Board
presumes responsible officials applied appropriate  standards  in  effecting
the separation, and  the  Board  does  not  find  persuasive  evidence  that
pertinent regulations were violated or the applicant was  not  afforded  all
the rights to which entitled at  the  time  of  discharge.   Therefore,  the
majority of the Board finds no compelling basis to  recommend  granting  the
relief sought.  Notwithstanding the above, we note  the  applicant  did  not
provide any information pertaining  to  his  activities  since  leaving  the
service.  If he were to submit any post-service documentation, we  would  be
inclined to reconsider his appeal as a matter of clemency.

_________________________________________________________________

THE BOARD DETERMINES THAT:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
000838 in Executive Session on 8 June 2005, under the provisions of AFI  36-
2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Ms. Dorothy P. Loeb, Member
                 Mr. Clarence D. Long III, Member

By a majority  vote,  the  Board  recommended  denial.   Mr. Long  voted  to
approve the applicant’s request and does  not  wish  to  submit  a  Minority
Report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 March 2005, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 24 March 2005, w/atchs.
   Exhibit E.  Letter, SAF/MRBR, dated 1 April 2005.
   Exhibit F.  Letter, AFBCMR, dated 21 April 2005, w/atch.
   Exhibit G.  Letter, AFBCMR, dated 4 May 2005, w/atch.




                       MICHAEL K. GALLOGLY
                       Panel Chair







AFBCMR BC-2005-00838





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found the applicant had
not provided sufficient evidence of error or injustice and recommended the
case be denied.  I concur with that finding and their conclusion that
relief is not warranted.  Accordingly, I accept their recommendation that
the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency