RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02763
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  11 MARCH 2007
_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was young when he joined the Air Force.  He started  drinking  and  using
drugs and hung around the wrong crowd.  He didn’t care about  responsibility
and rebelled against authority.  He  would  lie,  cheat  and  steal  to  get
alcohol or drugs.  He was offered rehabilitation or discharge.  He chose  to
be discharged and at that time he did not realize  that  if  he  had  chosen
retraining he could have become clean and sober,  and  become  a  productive
service member later in society.  He feels  ashamed  of  his  discharge  and
inferior to his father who retired with 20 years in the Air  Force.   He  is
currently involved in a  recovery  program  with  the  Salvation  Army.   He
believes he has finally matured and would like the opportunity to  hold  his
head high and be proud.

Applicant provides no supporting documentation.  The applicant’s  submission
is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 16 August 1973, the applicant enlisted in the Regular Air  Force  in  the
grade of airman basic (E-1) for a period of 6 years.

From 4 January 1974  to  14  January  1974,  applicant  was  charged  Absent
Without Leave (AWOL).  For  this  incident,  punishment  under  Article  15,
Uniform Code of Military Justice, was imposed.  He was reduced to the  grade
of airman, which was suspended until 15 July 1974 unless sooner vacated.

On 29 March 1974, he was charged with wrongful appropriation  of  a  diver’s
knife of a value of about $10.00 and a Security Police Badge of a  value  of
about $1.65, property of the United States Air Force.   For  this  incident,
his suspension to the grade of airman was vacated.
From 18 to 22 March 1974, he was charged  with  AWOL.   For  this  incident,
punishment under Article 15, Uniform Code of Military Justice, was  imposed.
 He was reduced to the grade of airman basic, ordered  to  forfeit  seventy-
five dollars ($75) of his pay for two months.

On 22 July 1974, the applicant was convicted by a special court-martial  for
larceny and unlawful entry.  He was ordered to  confinement  at  hard  labor
for five months and to forfeit one-hundred dollars ($100)  of  his  pay  for
five months.

The applicant was discharged with an under other than  honorable  conditions
discharge on 3 December 1974 for frequent  involvement  of  a  discreditable
nature with civil or military authorities.  He had served 10 months  and  28
days on active duty.   The  applicant’s  time  lost  was  143  days  due  to
military confinement and AWOL.

On 23 September 1975 and 17 February 1982, the Air  Force  Discharge  Review
Board  considered  the  applicant’s  request  for  discharge   upgrade   and
concluded that the evidence submitted was insufficient to warrant  a  change
of his discharge and denied his request.

On 27 January 1976, a similar appeal was considered and denied  by  the  Air
Force Correction of Military Records Board.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an investigative  report  pertaining  to  the  applicant,
which is at Exhibit E.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS  states  that  based
upon the documentation in the file, the discharge was  consistent  with  the
procedural and substantive requirements of the discharge regulation.   DPPRS
further states that the applicant has  not  provided  any  new  evidence  or
identified  any  errors  or  injustices  that  occurred  in  the   discharge
processing.

The DPPRS evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 October 2005 a copy of the Air Force evaluation was forwarded  to  the
applicant for  review  and  comment.   On  5  January  2006,  a  letter  was
forwarded to the applicant suggesting that he  consider  providing  evidence
pertaining to his post-service activities.  As of  this  date,  this  office
has received no response (Exhibit D).
_________________________________________________________________

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 probable error or injustice.  The  applicant  did  not  provide
persuasive evidence showing  the  information  in  the  discharge  case  was
erroneous, his substantial rights were  violated,  or  that  his  commanders
abused their discretionary authority.   The  characterization  of  discharge
which was issued at  the  time  of  the  applicant’s  separation  accurately
reflects the circumstances  of  his  separation  and  we  do  not  find  the
characterization of discharge to be in error  or  unjust.   Furthermore,  in
view of the information contained in  the  FBI  investigative  report  which
indicates the applicant has not made a successful post  service  adjustment,
we do not find favorable consideration of his appeal based  on  clemency  is
appropriate.   Therefore,  the  applicant’s   request   is   not   favorably
considered.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 this application in  Executive
Session on 21 February 2006, under the provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Glenda H. Scheiner, Member
                 Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2006-02763:

    Exhibit A.  DD Form 149, undated.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 18 Oct 05.
      Exhibit D.  Letter, SAF/MRBR, dated 21 Oct 05 and AFBCMR
                letter dated 5 Jan 06.
      Exhibit E.  FBI Investigative Report, No. 884381RA1,
                        dated 5 Jan 06.






                                   RICHARD A. PETERSON
                                   Panel Chair