RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
02745
                                             INDEX CODE:  110.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  5 MARCH 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

He would like an upgrade to his discharge so he will be eligible to
apply for a Patriot Pass for use on public transportation.  He says
that there was not an error in his discharge that he knows of.   He
does not have any documents to verify the events of 15 years ago.

In support of his  request,  applicant  submits  three  letters  of
character reference, and a police department incident report.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 14  May  69,  for  a
period of four years in the grade of  airman  basic.   His  highest
grade held was airman first class.

The record reflects applicant received  the  following  Article  15
punishments under the Uniform Code of Military Justice:

     (1)  On 24 Jul 70, for being disrespectful toward  a  superior
commissioned officer on or about 13 Jul 70.  Punishment imposed was
a reduction in grade to airman and 30  days  correctional  custody.
The reduction in  grade  to  airman  and  all  but  eight  days  of
correctional custody were remitted.

     (2)  On 15 Oct 70, for use and  possession  of  marijuana  and
hashish between 15 May 70 and 15 Jun 70.   Punishment  imposed  was
reduction in grade to airman.

On 27 Oct 70, preliminary investigation disclosed that applicant on
or about 23 Oct 70, without authority, failed to  go  at  the  time
prescribed to his appointed place of duty.   Applicant’s  commander
proposed to impose Article 15 punishment for the offense unless the
applicant demanded trial by  court-martial.   On  29  Oct  70,  the
applicant acknowledged receipt of  the  notification  and  demanded
trial by court-martial.  On 2 Nov 70, applicant was tried and found
not guilty of the offense by a summary court-martial.

On 30 Nov 70, applicant’s squadron commander notified the applicant
that he was recommending he be discharged from the Air Force  under
the provisions of AFM 39-12 for unsuitability.  The basis for  this
recommendation  was  a  psychiatric  evaluation  which  revealed  a
diagnosis  that  applicant  was  suffering  from  a  character  and
behavior disorder of a passive-aggressive personality.

On 11 Dec 70, applicant acknowledged he had  been  interviewed  and
counseled regarding the discharge action and that  he  declined  to
present statements in his own behalf.  On  21  Dec  70,  the  group
Staff Judge Advocate found the  case  file  legally  sufficient  to
support discharge from  the  Air  Force  with  an  under  honorable
conditions (general)  discharge.   On  22  Dec  70,  the  discharge
authority approved the separation and directed that  the  applicant
be  separated  with  an  under   honorable   conditions   (general)
discharge.

Applicant was discharged on 24 Dec 70,  in  the  grade  of  airman,
under the provisions of AFM 39-12,  Separation  for  Unsuitability,
and received an under honorable conditions (general) discharge.  He
served on active duty for a period of 1  year,  7  months,  and  11
days.

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:

On 22 Sep 05, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and comment within 30 days.   To  date,  a
reply has not been received by this office (Exhibit E).

On 31 Oct 05, a  copy  of  the  FBI  Report  of  Investigation  was
forwarded to the applicant for review and comment (Exhibit G).   To
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 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 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-
02745 in Executive Session on 7 December 2005, under the provisions
of AFI 36-2603:

      Ms. Kathy L. Boockholdt, Panel Chair
      Mr. Terry L. Scott, Member
      Mr. Michael J. Maglio, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated undated, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFPC/DPPRS, dated 20 Sep 05.
    Exhibit E.  Letter, SAF/MRBR, dated 22 Sep 05.
    Exhibit F.  Letter, AFBCMR, dated 31 Oct 05.




                                   KATHY L. BOOCKHOLDT
                                   Panel Chair