RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01463
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  6 JANUARY 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His general discharge was due to immaturity and being  misled.   He
drank and went absent without leave (AWOL).  He was told  that  his
discharge would be automatically upgraded within six months.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  28  Dec  76  for  a
period of six years.  His  highest  grade  held  was  airman  first
class.

On 13 May  80,  the  squadron  commander  initiated  administrative
discharge action against the applicant for  apathy,  and  defective
attitude which resulted in a progressively downward  trend  in  his
duty performance, and repeated failure to maintain  the  prescribed
standards of military  deportment.   Examples  of  this  were:   On
4 Jan 79, he received a letter of reprimand (LOR)  for  failure  to
go; a letter of counseling on 24 Jan 80 for being late for duty; an
LOR dated 27 Feb 80, for refusing to take  a  prescribed  test;  an
Article 15, dated 7 Mar 80, for two violations each of Articles  86
and 91 of the Uniform Code of Military Justice (UCMJ); one  day  of
bad time for being AWOL on 10 Mar 80; and an Article 15 on  10  Apr
80, for breach of restrain.

On that same date, applicant acknowledged receipt of the  discharge
notification.  After consulting with counsel, applicant waived  his
right to a hearing before a board of officers unconditionally.   He
further  acknowledged  that  he  understood  that   the   discharge
authority  is  authorized  to  approve  or  disapprove  conditional
suspension of the discharge for the  purpose  of  probation  and/or
rehabilitation.  On 22 May 80, the discharge authority directed the
applicant be discharged and issued a General Discharge  Certificate
without Probation or Rehabilitation (P&R).

On 28 May 80, applicant was  discharged  under  the  provisions  of
AFM 39-12 by reason of Unsuitable - Apathy and Defective  Attitude-
Board  Waiver,  with  service  characterized  as   general   (under
honorable conditions).  He was credited with 2  years,  11  months,
and 24 days of active duty service (excludes one day of  lost  time
for AWOL).

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, WV, indicated on 19 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 27 May 05 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

On 21 Jul 05, applicant was invited to provide additional  evidence
pertaining to his activities since leaving the service (Exhibit F).
 As of this date, no response has been received by this office.

___________________________________________________________________

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.   The  discharge
appears to be in compliance with the governing  directives  and  we
find no evidence to indicate that his 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, based on his  overall
record of service and the absence of evidence related to his  post-
service activities and accomplishments, we are not  persuaded  that
an upgrade of the characterization of his discharge is warranted on
the basis of clemency.

___________________________________________________________________

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 AFBCMR Docket  Number
BC-2005-01463 in Executive Session on 30  August  2005,  under  the
provisions of AFI 36-2603:

      Ms. B. J. White-Olson, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Apr 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 26 May 05.
    Exhibit D.  Letter, SAF/MRBR, dated 27 May 05.
    Exhibit E.  Letter, FBI Report of Investigation.
    Exhibit F.  Letter, AFBCMR, dated 21 Jul 05.




                                   B. J. WHITE-OLSON
                                   Panel Chair