RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01556
            INDEX NUMBER:  110.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  9 Nov 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Under Honorable Conditions (general) discharge from the Air Force
be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his discharge, he was a  young  man  under  a  lot  of
pressure to return home to care for his mother.   He  applied  for  a
humanitarian discharge, but it was  denied.   He  believed  his  only
option then  was  to  deliberately  seek  a  disciplinary  discharge.
Although he was not an ideal  soldier  leading  up  to  the  time  he
deliberately sought a discharge, his duty performance was  more  than
satisfactory.  It has been 25 years and he would like reconsideration
based on the circumstances.

In support of his appeal, applicant  submits  copies  of  two  Airman
Performance Reports (APRs) and an  extract  from  his  administrative
discharge paperwork stating that one of the reasons he  gave  at  the
time for some of his  misconduct  was  his  unsuccessful  attempt  to
obtain a humanitarian discharge.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 16 Nov 79.   On
23 Dec 80, his squadron commander  notified  him  he  was  initiating
action to discharge him from the Air Force due to  his  unsuitability
for  further  military  service.   The  specific  reasons   for   the
commander’s actions were:

        a.  The applicant received a letter  of  reprimand  (LOR)  on
26 Mar 80 while in technical training  for  being  in  possession  of
marijuana and related paraphernalia.

        b.  The applicant received a letter of  counseling  (LOC)  on
16 Sep 80 for violation of AFR 35-10  by  not  wearing  a  hat  while
outdoors.

        c.  The applicant received a LOC on 29 Sep 80 for being  late
to his duty section.

        d.  The applicant received an Article 15 on  27  Oct  80  for
failure to go to his appointed place of duty on 20,  22,  and      23
Oct 80.

        e.  The applicant received two Article 15s on 29 Oct  80  for
failure to go to his appointed place of duty on 24 Oct 80 and  on  27
Oct 80.

The applicant acknowledged receipt  on  23  Dec  80.   An  evaluation
officer conducted an interview of the applicant and recommended he be
discharged with an under  honorable  conditions  (general)  discharge
without probation and rehabilitation (P&R).  The  base  legal  office
reviewed  the  case  and  found  it  legally  sufficient  to  support
separation and  also  recommended  the  applicant  receive  an  under
honorable conditions (general) discharge without P&R.  The  discharge
authority approved the separation.  The applicant was  discharged  on
14 Jan 81 with an under honorable conditions (general) discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the applicant’s  request.   Based  on
the documentation on  file  in  the  master  personnel  records,  the
applicant’s  discharge  was  consistent  with  the   procedural   and
substantive requirements of the discharge regulation.  The  applicant
did not submit any evidence or identify any errors or injustices that
occurred in his discharge processing.

The complete 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.  To date, a response
has not been received.

_________________________________________________________________

FBI REPORT:

Pursuant to the Board’s request, the Federal Bureau of  Investigation
(FBI), Clarksburg, WV, provided a Report of Investigation  pertaining
to applicant.

The complete report is at Exhibit F.

_________________________________________________________________

APPLICANT”S RESPONSE TO FBI REPORT:

A copy of the applicant’s FBI report was forwarded to him on     17
Jun 05 for review and comment within 30 days.  To date, a response
has not been received.

_________________________________________________________________

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.   We  took  notice  of  the
applicant's complete submission in judging the merits  of  the  case;
however, we agree with the opinion  and  recommendation  of  the  Air
Force office of primary responsibility and adopt its rationale as the
basis for our conclusion that the applicant has not been  the  victim
of an error or injustice.  Therefore, in the absence of  evidence  to
the contrary, we find no compelling basis to recommend  granting  the
relief sought in this application.

_________________________________________________________________

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-2005-
01556 in Executive Session on 3 August 2005, under the provisions  of
AFI 36-2603:

      Ms. Rita S. Looney, Panel Chair
      Ms. Barbara R. Murray, Member
      Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 May 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPRS, dated 26 May 05.
    Exhibit D.  Letter, SAF/MRBR, dated 27 May 05.
    Exhibit E.  Letter, AFBCMR, dated 7 Jun 05.
    Exhibit F.  FBI Report
    Exhibit G.  Letter, AFBCMR, dated 17 Jun 05.




                                   RITA S. LOONEY
                                   Panel Chair