RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00882
                       INDEX CODE: 106.00
      XXXXXXX          COUNSEL:  NONE

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 Sep 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1982 general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He needs an honorable discharge for employment purposes.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  18 Jan  79  for  a
period of four years, served as an administrative  specialist  at  the
60th Supply Squadron at Travis AFB, CA, and was progressively promoted
to the grade of senior airman on 1 Oct 81.

According to Special Court-Martial Order No. 28, dated 19 Dec 81,  the
applicant was convicted of wrongful use of the narcotic Cocaine on  or
about 17 Oct 81, and wrongful possession of Cocaine on or about 19 Oct
81 at Travis AFB.  He was sentenced to confinement at hard  labor  for
four months, forfeiture of $300.00 per month  for  three  months,  and
reduction in grade to airman.

The applicant entered the Drug Rehabilitation Program on 19 Oct 81  at
Lowry  AFB,  CO.   That  same  date,  he   was   non-recommended   for
reenlistment;    however,    the    commander    indicated    possible
reconsideration may be appropriate at a later date.

On 4 Feb 82,  in  a  Waiver  of  Disposition  Board  Proceedings,  the
applicant voluntarily indicated he no longer wished to participate  in
the 3320th Correction and Rehabilitation  Squadron  (CRS)  Program  at
Lowry AFB, CO.  He acknowledged his awareness of the  requirements  of
the Rehabilitation Program and the criteria for return to duty.  He no
longer intended to return to duty and had discussed  the  implications
of his decision with appropriate Rehabilitation staff.  He  understood
this action would likely result in his being recommended for discharge
and that such recommendation  may  be  for  other  than  an  honorable
discharge.  As a result, he could be deprived  of  veterans’  benefits
and encounter substantial prejudice in civilian life.  In  a  separate
statement, the applicant indicated he  had  not  volunteered  for  the
Rehabilitation Program but was illegally ordered to attend.   He  felt
there was  nothing  to  gain  from  the  Rehabilitation  Program.   He
believed his rights were violated when he was sent from Travis AFB  to
Lowry AFB for the Rehabilitation Program.

On 4 Mar 82, the 3320 CRS commander  notified  the  applicant  he  was
recommending  a  general  discharge  for  failure  to   complete   the
Rehabilitation  Program  and  because  of   evidence   of   misconduct
documented  in  the  applicant’s  military  record.    The   applicant
consulted counsel and submitted statements.  The commander recommended
the applicant’s general discharge for failure to successfully complete
the Prisoner Retraining Rehabilitation Program.

On 5 Mar 82, legal review found the case sufficient for discharge  and
recommended separation without probation and rehabilitation (P&R) with
a general characterization.  On 11 Mar  82,  the  discharge  authority
directed the applicant’s general discharge.

After 2 years, 10 months, and 15 days of active service, the applicant
was discharged in the grade of airman with a general  characterization
for failure in prisoner retraining or rehabilitation program.  He  had
lost time from 20 Nov 81 through 25 Feb 82.

Pursuant to the Board's request, the Federal Bureau  of  Investigation
(FBI), Washington, D.C., provided an investigative  report,  which  is
provided at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied. The discharge  was
consistent with the procedural and  substantive  requirements  of  the
discharge regulation  and  within  the  discretion  of  the  discharge
authority.  The applicant submits no evidence of error or injustice in
the discharge processing.

A complete copy of the HQ AFPC/DPPRS evaluation is at Exhibit D.

HQ AFPC/JA recommends denial because the application is  untimely  and
without merit.  When the applicant requested release from the Prisoner
Rehabilitation Program he recognized a less than  honorable  discharge
could adversely impact different aspects of his life  as  a  civilian.
He received a second chance following his court-martial conviction for
possessing  and  using   illegal   drugs;   however,   he   quit   his
Rehabilitation Program and the opportunity it afforded him to earn  an
honorable discharge.  There is no error or injustice and his discharge
characterization was appropriate.

A complete copy of the HQ AFPC/JA evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 14 Apr 06 for review and comment within 30 days  (Exhibit
F).  As of this date, this office has received no response.

On 22 May 06, a copy of the FBI Report was forwarded to the  applicant
for review and comment within 14 days (Exhibit G).  As of  this  date,
this office has received no response.

_________________________________________________________________

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  to  warrant  upgrading   the
applicant’s general  discharge.   The  applicant  has  not  shown  his
discharge  was  improper,  violated  his  rights,  or   exceeded   the
discretion of  the  discharge  authority.   He  voluntarily  chose  to
discontinue participation in the Prisoner Rehabilitation  Program  and
acknowledged his awareness of  the  repercussions  of  this  decision.
Most significantly, the applicant’s  misconduct  continued  after  his
discharge as evidenced by the  FBI  report.   The  applicant  has  not
sustained his burden of having suffered an error or an injustice  and,
given his criminal behavior both in and out of the  military,  we  are
not inclined to upgrade  his  discharge  on  the  basis  of  clemency.
Therefore, absent persuasive evidence to  the  contrary,  we  conclude
this appeal should be denied.

_________________________________________________________________

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  this  application  in
Executive Session on 26 and 28 July 2006 under the provisions  of  AFI
36-2603:

                 Mr. Jay H. Jordan, Panel Chair
                 Ms. Patricia R. Collins, Member
                 Ms. Renee M. Collier, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2006-00882 was considered:

   Exhibit A.  DD Form 149, dated 20 Mar 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 5 Apr 06.
   Exhibit E.  Letter, HQ AFPC/JA, dated 12 Apr 06.
   Exhibit F.  Letter, SAF/MRBR, dated 14 Apr 06.
   Exhibit G.  Letter, AFBCMR, dated 22 May 06.




                                   JAY H. JORDAN
                                   Panel Chair