RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01596
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  15 NOV 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general  (under  honorable  conditions)  discharge  be  upgraded  to  an
honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was informed at the time of his discharge that six months subsequent  his
discharge he would be able to upgrade his character of service from  general
to honorable.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force  on  8  March  1983  in  the
grade of airman basic for a period of six years.

On 5 July 1985, the applicant was notified  of  his  commander's  intent  to
impose nonjudicial punishment upon him for the following:   he  did,  within
the territorial limits of the United  States,  on  or  about  14  May  1985,
wrongfully use marijuana, in violation  of  the  Uniform  Code  of  Military
Justice (UCMJ).

After consulting with counsel, the applicant waived his right to a trial  by
court-martial, requested a personal  appearance,  and  submitted  a  written
presentation.

He was found guilty by his commander who imposed the  following  punishment:
reduction in grade from airman first class to airman basic with a  new  date
of rank (DOR) of 12 July 1985, ordered to forfeit $310.00 per month for  two
months, restricted to the limits of Minot Air Force Base, North  Dakota  for
30 days, and to perform extra duties for 15 days, but the execution  of  the
portion of the punishment which provided for forfeitures of $310.00 pay  per
month for two months was suspended until 11 January  1986,  at  which  time,
unless the suspension was sooner  vacated,  it  would  be  remitted  without
further action.

The applicant did not appeal the punishment.  The Article 15  was  filed  in
the applicant’s Unfavorable Information File (UIF).

On 26 July 1985, the applicant was notified of  his  commander's  intent  to
initiate discharge action against him for Drug Abuse.  The  specific  reason
is the Article 15, dated 5 July 1985.

The commander indicated in his recommendation for discharge action  that  he
did not  recommend  the  applicant  for  rehabilitation  or  probation.   He
carefully weighed this case and wholeheartedly recommended the applicant  be
discharged.  The applicant failed  to  meet  the  United  States  Air  Force
Standards in relationship to AFR 30-2, Social Actions Program.

The commander advised the applicant of his right to  consult  legal  counsel
and submit statements in his own behalf; or waive  the  above  rights  after
consulting with counsel.

After consulting with counsel, the applicant submitted a  statement  in  his
own behalf.

On 16 August 1985, the Staff Judge Advocate  recommended  the  applicant  be
discharged  with  service   characterized   as   general.    Probation   and
rehabilitation had been considered and  was  deemed  inappropriate  in  this
case because of the very serious nature of the infraction.

The discharge authority approved the applicant’s general discharge.

The applicant was discharged on 5 September 1985, in  the  grade  of  airman
basic with a general  (under  honorable  conditions)  discharge,  under  the
provisions of AFR 39-10, (Misconduct - Drug  Abuse).   He  served  2  years,
5 months, and 28 days of total active military service.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, provided an arrest record which is at Exhibit C.

_________________________________________________________________







AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial indicating based on the documentation on  file
in the master personnel  records  the  discharge  was  consistent  with  the
procedural and substantive requirements of the  discharge  regulation.   The
discharge was  within  the  discretion  of  the  discharge  authority.   The
applicant did not submit any evidence or identify any errors  or  injustices
that occurred in the discharge processing.  He provided no facts  warranting
a change to his character of service.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 June 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 30 June 2005, the Board  staff  requested  the  applicant  provide  post-
service documentation within 20 days (Exhibit  F).   As  of  this  date,  no
response has been received by this office.

On 21 July 2005, the applicant was provided the opportunity  to  respond  to
the FBI investigation within 20 days (Exhibit G).  The applicant provided  a
response, which is at Exhibit H.

_________________________________________________________________

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  warranting  the  applicant’s  general
(under  honorable  conditions)  discharge  be  upgraded  to   an   honorable
discharge.  The Board believes  responsible  officials  applied  appropriate
standards  in  effecting  the  separation,  and  the  Board  does  not  find
persuasive evidence that pertinent regulations were  violated  or  that  the
applicant was not afforded all the rights to which entitled at the  time  of
discharge.  Therefore, in the absence of evidence to the contrary,  we  find
no compelling basis to recommend granting the relief sought.

4.    Although the applicant  did  not  specifically  request  consideration
based  on  clemency,  we  also  find  insufficient  evidence  to  warrant  a
recommendation the discharge be upgraded on that basis.   In  this  respect,
we note the applicant’s continued misconduct  following  his  discharge,  as
indicated  on  the  FBI  report.   We  note  while  the  applicant   accepts
responsibility for most  of  the  entries  on  the  FBI  report,  he  denies
committing them.  Nonetheless,  we  are  not  persuaded  by  his  arguments.
Further, when given the opportunity to  provide  information  regarding  his
post-service activities and accomplishments, he failed to do so.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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-
01596 in Executive Session on 17 August 2005, under the  provisions  of  AFI
36-2603:

                 Mr. Joseph G. Diamond, Panel Chair
                 Mr. Wallace F. Beard Jr., Member
                 Ms. LeLoy W. Cottrell, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 9 May 2005.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 26 May 2005.
   Exhibit E.  Letter, SAF/MRBR, dated 3 June 2005.
   Exhibit F.  Letter, AFBCMR, dated 30 June 2005, w/atch.
   Exhibit G.  Letter, AFBCMR, dated 21 July 2005, w/atch.
   Exhibit H.  Letter, Applicant, undated.




                       JOSEPH G. DIAMOND
                       Panel Chair