RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2006-
01846
                                             INDEX CODE:  110.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  15 DECEMBER 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

Since his time in the service, he has gotten sober and does not  do
drugs.  He also worked for the Army in Germany for  thirteen  years
and received many letters of appreciation  and  awards.   He  spent
many years trying to carry the message of Alcoholics Anonymous (AA)
to young soldiers in the military.  He knows he made  big  mistakes
in the service and is very sorry for those mistakes.  He would like
to have an honorable discharge before he dies.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 11  Mar  75,  for  a
period of four years in the grade of  airman  basic.   His  highest
grade held was airman first class.

On 11 Oct 77, the squadron commander notified the applicant that he
was recommending he be  discharged  from  the  Air  Force  for  his
apathy,  defective  attitude  and  inability  to   expend   efforts
constructively.  The commander recommended the applicant receive an
under honorable conditions (general) discharge.   The  reasons  for
the commander’s actions were:

       a.   On  30  Jan  76,  applicant   received   Administrative
Admonishment for failure to go to his appointed place of duty on or
about 14 Jan 76.

      b.  On 18 May 76, applicant received a  Letter  of  Reprimand
for failure to go to his appointed place of duty.

      c.  Applicant  wrote  checks  on  the  following  dates  with
insufficient funds in his checking account on 5, 7, 8, and  23  Jun
76 and 6, 7 and 8 Jul 76.

      d.  On 24 Mar  77,  applicant  received  an  Article  15  for
wrongful use of marijuana.  Punishment  consisted  of  a  suspended
reduction in grade to airman and  forfeiture  of  $150.00  pay  per
month for two months.

Applicant acknowledged receipt of  the  notification  of  discharge
and, after consulting with counsel, waived his rights to a  hearing
before an administrative discharge board and to  submit  statements
in his own behalf.

On 16 Nov 77, the Staff Judge Advocate found the case file  legally
sufficient to support discharge and recommended  applicant  receive
an under honorable conditions (general) discharge without probation
and rehabilitation.  On 25 Nov 77, the discharge authority approved
the separation and directed that the applicant be  discharged  with
an under honorable conditions (general) discharge without probation
and rehabilitation.

Applicant was discharged on 13 Dec 77, in the grade of airman first
class (E-3), under the provisions of AFM 39-12, Chapter 2,  Section
A, for Unsuitability, and was issued an under honorable  conditions
(general) discharge.  He was credited with two years, nine  months,
and three days of active military service.

Pursuant to the Board’s request on 7 Jul 06, the Federal Bureau  of
Investigation, Clarksburg, West Virginia, indicated on 17  Jul  06,
that, on the basis of data furnished, they are unable to locate  an
arrest record (Exhibit C.)

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied, and states,  in
part, 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.
Additionally, the applicant provided no facts warranting  a  change
to his character of service.

A complete copy of the Air Force evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 Jul 06, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and comment within 30 days.   As  of  this
date, this office has received no response (Exhibit E).

___________________________________________________________________

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.   After  careful
consideration of the available evidence, the discharge  appears  to
be in compliance with the governing directives  in  effect  at  the
time 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
submitted in support of applicant’s appeal, we do  not  believe  he
has suffered from an injustice.  Although the applicant states that
he is sober, drug free, and a productive member of society, he  has
not provided sufficient documentation  to  back  these  assertions.
Should  he  provide   statements   from   community   leaders   and
acquaintances attesting to his good character  and  reputation  and
other evidence  of  successful  post-service  rehabilitation,  this
Board may be willing  to  reconsider  his  case  on  the  basis  of
clemency.  Therefore, based on the available evidence of record, we
find no basis upon which to favorably consider 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-2006-01846 in Executive Session on 24  August  2006,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Gregory A. Parker, Member
      Ms. Jan Mulligan, Member

The following documentary  evidence  pertaining  to  Docket  Number
BC-2006-01846 was considered:

    Exhibit A.  DD Form 149, dated 9 Jun 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFPC/DPPRS, dated 30 Jun 06.
    Exhibit E.  Letter, SAF/MRBR, dated 14 Jul 06.




                                             MICHAEL J. NOVEL
                                             Panel Chair