RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  BC-2005-02737
                             INDEX CODE:  110.00
                             COUNSEL:  NONE

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  4 MAR 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and stupid and made an omission in which no  other  proof
was made.  He also passed the drug test.

Applicant's complete submission s attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant  enlisted  in  the  Regular  Air  Force  (RegAF)   on
8 December 1987 as an airman basic (AB) for a period of four years.

On 8 May 1990, the applicant was notified of his commander's intent to
recommend  him  for  discharge  under  the  provisions  of  Air  Force
Regulation (AFR) 39-10, paragraph 5-50.1 (drug  abuse).   The  reasons
for the discharge action were:

            On 14 August 1989, the  applicant  received  a  Letter  of
Reprimand (LOR) on 7 June 1989, for writing a check  at  an  Army  Air
Force Exchange Store  (AAFES)  which  was  returned  for  insufficient
funds.

            On 6 December 1989, the  applicant  received  an  LOR  for
being disrespectful and insubordinate to his supervisor on 26 November
1989.

            On 23 April 1990, the applicant received an Article 15 for
wrongfully using marijuana on 7 April 1990.  For this misconduct,  his
punishment consisted of a reduction to AB.

The commander advised  applicant  of  his  right  to  consult  legal
counsel and that military legal counsel had been obtained  for  him.
He was also advised that he  could  submit  statements  in  his  own
behalf; and that failure to consult counsel or to submit  statements
would constitute a waiver of his right to do so.

The commander further recommended in his notification for  discharge
that the applicant’s service be characterized as general.  Also, the
commander indicated that  before  recommending  the  discharge,  the
applicant was enrolled in Track V of the  base  drug  rehabilitation
program.

On 10 May 1990, the applicant after consulting with counsel,  waived
his right to submit statements on his behalf.

A legal review was conducted on 15 May 1990 in which the  staff  judge
advocate reviewed the case file and found  it  legally  sufficient  to
support separation and recommended the applicant be discharged with  a
general discharge.

On 18 May 1990, the discharge authority approved the  discharge  and
directed the applicant be discharged with a general discharge.

On 29 May 1990, the applicant was discharged under the provisions of
AFR 39-10  (drug  abuse  -  misconduct),  with  an  under  honorable
conditions (general) discharge.  He served 2 years, 5 months and  22
days of active duty service.

Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigative report which is  attached
at Exhibit C.  However, there are no  entries  on  the  investigative
report subsequent to his discharge from active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states the applicant has not  submitted  any  evidence  nor
identified any errors or injustices that occurred in the processing of
his discharge.  Based upon the documentation in the applicant’s  file,
they believe his discharge was  consistent  with  the  procedural  and
substantive requirements of the discharge regulations  of  that  time.
Also, the discharge was within the sound discretion of  the  discharge
authority.  The applicant did not provide  any  facts  to  warrant  an
upgrade of his discharge.   Based  on  the  information  and  evidence
provided they recommend the request be denied (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
23 September 2005, for review and  response.   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 of timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of an error or an 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
and adopt its rationale  as  the  basis  for  our  decision  that  the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice.  The applicant received a general  discharge
for drug abuse.  The applicant,  when  questioned  by  the  Office  of
Special Investigations, admitted to using marijuana.  Furthermore, the
applicant has not  presented  evidence  that  the  discharge  was  not
consistent with the procedural and  substantive  requirements  of  the
discharge authority and was not within the discretion of the discharge
authority.  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 AFBCMR Docket Number BC-
2005-02737  in  Executive  Session  on  8  December  2005,  under  the
provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Ms. Cheryl V. Jacobson, Member
                 Mr. Gary G. Sauner, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2005-02737 was considered:

      Exhibit A. DD Form 149, dated 25 Aug 05.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, HQ AFPC/DPPRS, dated 14 Sep 05.
      Exhibit E. Letter, SAF/MRBR, dated 23 Sep 05.
      Exhibit F. Letter, AFBCMR, dated 31 Oct 05, w/atch.




                       MICHAEL K. GALLOGLY
                       Panel Chair