RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01054
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 OCT 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His characterization  of  discharge  is  preventing  him  from  acquiring  a
security license.

In support of his appeal, the applicant provided a  personal  statement  and
character reference letters.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 12 December 1980  in  the
grade of airman basic.  He  was  progressively  promoted  to  the  grade  of
airman first class, having assumed that grade effective and with a  date  of
rank of 12 December 1981.  On 7 December 1983, the  applicant  was  notified
by his commander of his intent to recommend he be discharged  from  the  Air
Force under the provisions of AFR  39-10,  Misconduct  –  Drug  Abuse.   The
specific reason for this  action  was  that  he  received  four  letters  of
reprimand (LORs)  for  writing  various  checks  without  sufficient  funds,
failure  to  pay  just  debts,  and  for  a  positive  urinalysis  for   THC
(tetrahydrocannabinol - active component in  marijuana).  He  also  received
nonjudicial punishment under Article 15, of the  Uniform  Code  of  Military
Justice  (UCMJ)  for  violation  of  Article  134  -  the  wrongful  use  of
marijuana.  The punishment imposed consisted of eight  days  extra  duty,  a
suspended reduction to the grade of airman and forfeiture  of  $75  pay  per
month for two months.  He was advised of  his  rights  in  this  matter  and
acknowledged receipt of  the  discharge  notification  on  that  same  date.
After consulting with counsel, the applicant  submitted  statements  in  his
own behalf.  In a legal review of the case  file,  the  acting  staff  judge
advocate  found  the  case  legally  sufficient  and   recommended   he   be
discharged.  On 28 December 1983, the  discharge  authority  concurred  with
the recommendations and directed  that  he  be  discharged  with  a  general
discharge,  without  probation  and  rehabilitation.   The   applicant   was
discharged on 29 December 1983.  He served 3 years and  18  days  on  active
duty.

Pursuant to the Board's request, the Federal Bureau of Investigation  (FBI),
Clarksburg, West Virginia, was unable to  identify  with  an  arrest  record
pertaining to the applicant (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states 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 and  was
within the discretion of the discharge authority.  The  applicant  also  did
not submit any evidence or identify any errors or injustices  that  occurred
in the discharge processing.  Nor did he provide facts warranting  a  change
to his character of service.

The DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 26 May 2006, a copy of the Air Force  evaluation  was  forwarded  to  the
applicant for review and response within 30 days (Exhibit E).   As  of  this
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.  After thoroughly reviewing the evidence of record, we  see  no  evidence
to show the applicant’s discharge was erroneous or unjust.   However,  while
the discharge may have been appropriate at the time, we believe  an  upgrade
is warranted in this case.  We note the applicant’s FBI report  contains  no
entries prior or subsequent to his enlistment in the Air Force.  In view  of
the  applicant’s  apparent  successful  transition  to  civilian  life,   as
evidenced by his post-service accomplishments, the Board is of  the  opinion
that upgrading the applicant’s discharge to  honorable,  based  on  clemency
would be appropriate.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected  to  show  that  on  29  December  1983,  he  was
honorably discharged and furnished an Honorable Discharge certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
01054 in Executive Session on 18 July 2006, under the provisions of AFI  36-
2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Mr. Wallace F. Beard Jr., Member
                 Ms. Karen A. Holloman, Member

The Board voted to correct  the  records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 May 2006, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Negative FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 9 May 2006.
   Exhibit E.  Letter, SAF/MRBR, dated 26 May 2006.




                 KATHLEEN F. GRAHAM
                 Panel Chair




AFBCMR BC-2006-01054





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to   , be corrected to show that on 29 December 1983, he was
honorably discharged and furnished an Honorable Discharge certificate.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency