RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
00837
                                             INDEX CODE:  110.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  11 SEPTEMBER 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He joined the Air Force to serve his country.  He  volunteered  for
Vietnam not knowing the trauma he would go through.  He served over
three and a half years of good service.  He  got  involved  in  the
wrong things and took the discharge to get out of the  service  and
out of Vietnam.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 30  Jan  67,  for  a
period of four years in the grade of  airman  basic.   His  highest
grade held was sergeant.

Applicant’s Airman Performance Report (APR) profile follows:

      PERIOD ENDING               OVERALL EVALUATION

      15 Sep 68                         9
      15 Sep 69                         9
      15 Sep 70                         8

Applicant  received  Article  15  punishment  on  16  Sep  69,  for
disorderly conduct in quarters; punishment imposed was reduction in
grade to A1C.

On 6 Apr 71, the squadron commander notified the applicant that  he
was  recommending  he  be  discharged  from  the  Air   Force   for
unsuitability (frequent involvement of a discreditable nature  with
civil or  military  authorities).   The  commander  recommended  he
receive an undesirable discharge.  The  reasons  for  the  proposed
action were: (1) On 10 Oct 70, applicant was convicted by a Special
Court-Martial for being absent without authority  (AWOL)  from  his
organization from on or about (o/a) 7 May 70 until o/a 11  May  70,
for being AWOL from o/a 13 May 70 until o/a  18  Jun  70,  and  for
being AWOL from o/a 5 Jul  70  until  o/a  5  Sep  70.   Punishment
consisted  of  confinement  to  hard  labor  for  four  months  and
forfeiture of $50.00 pay per month for four months; (2)  On  1  Feb
71,  applicant  was  subject  of  an  incident  report   by   civil
authorities  for  illegal  possession  and  conspiracy  to  possess
narcotics; he was placed in civil confinement 1-26 Feb 71;  (3)  On
9 Mar 71, applicant was subject of an incident report  for  failure
to repair, and (4) On 12 Mar 71, applicant received an  Article  15
for being AWOL from his organization from o/a 10 Mar 71  until  o/a
11 Mar 71; applicant was ordered into correctional  custody  for  a
period of seven days.

On 8 Apr 71, after consulting with counsel, applicant  acknowledged
receipt of the discharge notification and waived  his  right  to  a
hearing before an administrative discharge board and did not submit
statements in his own behalf.

On 14 Apr 71, the Staff Judge Advocate found the case file  legally
sufficient  to  support  discharge  from  the  Air  Force  with  an
undesirable discharge and recommended that  upon  discharge  he  be
expelled from the base.  On 29  Apr  71,  the  discharge  authority
approved  the  separation  and  directed  that  the  applicant   be
separated  with  an   under   other   than   honorable   conditions
(undesirable) discharge.

Applicant was discharged on 4 May 71, in the grade of airman  basic
(E-1),  under  the  provisions  of  AFM  39-12,   with   separation
designation  number  28B  (Unfitness,   frequent   involvement   in
incidents  of  a  discreditable  nature  with  civil  or   military
authorities),  and  was  issued  an  under  other  than   honorable
conditions (undesirable) discharge.  He was credited with 3  years,
6 months, and 16 days of active military service (excludes 273 days
of lost time due to AWOL and confinement).

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, West Virginia, provided  a  copy  of  an
investigation report, which is attached at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial.
They stated, in part, that 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.   Additionally,  the  applicant  provided  no
evidence or identified any errors or injustices  that  occurred  in
the discharge processing.  He provided no facts warranting a change
to the character of service.

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

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided additional evidence as to why the  character  of
his discharge should be upgraded.  He served 3 years, 6 months, and
16 days before his first AWOL.  His records failed to mention  that
he attained a rank of E-4 in three years (the minimum  time  during
this era).  He volunteered to serve in  Vietnam  and  served  eight
months in Vietnam before the first AWOL.  He got involved in  drugs
in Da Nang, a decision he has regretted all of his  life.   It  was
after his involvement in drugs that his  military  service  took  a
downward spin.  He admits to  choosing  counterproductive  ways  to
deal with the situations he faced in Vietnam and after coming  back
to Lowry AFB, CO.  It has been 24 years since  he  was  discharged.
He was young and confused about who he was and what  he  was  doing
back in 1971.  He has a Masters Degree in Counseling Psychology and
is a minister at his church.  (Exhibit F)

On 6 June 05, a  copy  of  the  FBI  Report  of  Investigation  was
forwarded to the applicant for review and comment within  15  days.
As of this date, no response has  been  received  by  this  office.
(Exhibit G).

___________________________________________________________________

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 evidence provided, the discharge appears to be
in compliance with the governing manual and we find no evidence  to
indicate that his separation from the Air Force  was  inappropriate
or that it was based on any factors other than his own  misconduct.
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.   In
addition,  in  view  of  the  contents  of  the   FBI   Report   of
Investigation,  we  are  not  persuaded  that  an  upgrade  of  the
characterization of applicant’s discharge is warranted on the basis
of clemency.  Therefore, based on the available evidence of record,
we find no basis upon which to favorably consider his request.

___________________________________________________________________

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-
00837 in Executive Session on 13 July 2005, under the provisions of
AFI 36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Mar 05, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFPC/DPPRS, dated 29 Apr 05.
    Exhibit E.  Letter, SAF/MRBR, dated 6 May 05.
    Exhibit F.  Letter, Applicant, dated 19 May 05.
    Exhibit G.  Letter, AFBCMR, dated 7 Jun 05.




                                   JOSEPH G. DIAMOND
                                   Panel Chair