RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2005-03532

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE: 22 MAY 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was led to believe that he could upgrade his discharge after five  years.


Applicant’s complete application is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an  airman  basic  on  29
November 1976 and progressed to the grade of sergeant.

On  16  April  1984,  applicant’s  commander  notified  him  that   he   was
recommending discharge from the Air Force for a pattern of  misconduct.  The
commander was recommending the applicant receive an  UOTHC  discharge  based
on the following:

      (1) On 10 April 1984, the applicant received  a  Letter  of  Reprimand
for failure to report at the time  prescribed  to  his  appointed  place  of
duty.

      (2) On 2  March  1984,  the  applicant  received  an  Article  15  for
wrongful possession of some  quantity  of  marijuana  and  wrongful  use  of
marijuana.

      (3) Between the  months  of  September  1983  and  October  1983,  the
applicant transferred marijuana within the territorial limits of the  United
States.

      (4) On 9 January  1984,  an  Office  of  Special  Investigation  (OSI)
Report revealed that  applicant  did  on  or  about  August  1983,  transfer
marijuana within the territorial limits of the United States.

      (5) On 24 January 1984, the applicant received a Letter  of  Reprimand
for failure to prepare and did fail a dormitory inspection.

      (6) On 25 October 1983, the applicant received a Letter of  Counseling
for disobeying an order.

      (7) On 19 October 1983, the applicant received a Letter  of  Reprimand
for disobeying an order.

      (8) On 19 October 1983, the applicant received a Letter  of  Reprimand
for damaging a wardrobe unit valued at $360.58,  military  property  of  the
United States Air Force.

      (9)  On  19  September  1983,  the  applicant  received  a  Letter  of
Reprimand for failure of a previously announced dormitory inspection.

      (10) On 3  September  1982,  applicant  received  an  Article  15  for
writing checks totaling $285.00, within insufficient funds in  his  checking
account.

      (11) On 29 May 1981, the applicant received an Article 15 for  failure
to go at the time prescribed to his appointed place of duty.

      (12) On 18 June 1981, the applicant received  a  Letter  of  Reprimand
for failure to repair.

Applicant acknowledged receipt of the notification of discharge on 16  April
1984. On 9 May 1984, after consulting with legal counsel  applicant  offered
a conditional  waiver  of  his  rights  associated  with  an  administrative
discharge board hearing contingent upon receipt of no less  than  a  general
(under honorable conditions) discharge.

On 22 May 1984, applicant’s conditional  waiver  of  his  rights  associated
with an administrative discharge board hearing contingent  upon  receipt  of
no  less  than  a  general  (under  honorable   conditions   discharge   was
disapproved.

On 12 June 1984, the applicant waived his rights associated with  a  hearing
before  an  administrative  discharge  board.  He  understood  that  if  the
separation authority approved the recommendation  for  discharge,  that  the
separation authority would determine the type of discharge  issued  to  him.
He did not waive his  right  to  legal  counsel,  but  did  not  submit  any
statements in his own behalf.

The base legal office reviewed the case and found it legally  sufficient  to
support separation and recommended applicant receive  an  under  other  than
honorable   conditions   (UOTHC)    discharge    without    probation    and
rehabilitation.

The discharge authority  approved  the  separation  and  directed  that  the
applicant be  discharge  with  an  UOTHC  discharge  without  probation  and
rehabilitation.

The applicant was separated from the  Air  Force  17  July  1984  under  the
provisions of AFR 39-10, Administrative Separation  of  Airman  (misconduct-
pattern of conduct prejudicial to good and discipline), with an under  other
than honorable conditions (UOTHC)  discharge.  He  had  served  7  years,  7
months and 19 days of total active military service.

Pursuant to the Board's request, the Federal Bureau of Investigation  (FBI),
Clarksburg,  WV,  provided  an  investigative  report  pertaining   to   the
applicant (Exhibit E).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial. DPPRS states based on  the  documentation  in
the file, the discharge was consistent with the procedural  and  substantive
requirements of the discharge regulation.   The  discharge  was  within  the
discretion of the discharge authority. Applicant  did  not  submit  any  new
evidence  or  identify  any  errors  or  injustices  that  occurred  in  the
discharge proceedings.  He provided no facts warranting an  upgrade  of  the
discharge.

AFPC/DPPRS complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  29
December 2005, for review and comment within 30 days.  As of this  date,  no
response has been received by this office.

A copy of the FBI was forwarded to the applicant on  9  February  2006,  for
review and comment within 14 days.

_________________________________________________________________

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 an error or injustice.  After careful consideration  of  the
available evidence, we found no indication  that  the  actions  taken  to
affect his discharge were improper or contrary to the provisions  of  the
governing regulations in effect at the time, or that  the  actions  taken
against  the  applicant  were  based  on  factors  other  than  his   own
misconduct.   In  addition,  in  view  of  the  contents   of   the   FBI
Identification Record we are not persuaded that the  characterization  of
the applicant’s discharge warrants an upgrade to general on the basis  of
clemency.  Having found no error or injustice with regard to the  actions
that occurred while the applicant was a military member, we conclude that
no basis exists to grant favorable action on 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 AFBCMR Docket Number  BC-2005-
03532 in Executive Session on 8 March 2006, under the provisions of AFI  36-
2603:

      Ms. Kathy L. Boockholdt, Panel Chair
      Ms. Cheryl V. Jacobson, Member
      Mr. August Doddato, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Nov 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 21 Dec 05.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Dec 05.
    Exhibit E.  FBI Investigative Report.
    Exhibit F.  Letter, SAF/MRBC, dated 9 Feb 06.




                                   KATHY L. BOOCKHOLDT
                                   Panel Chair