RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2006-
01166
                                             INDEX  CODE:   110.00,
133.00
                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  20 OCTOBER 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

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

His rank of staff sergeant (E-5) be restored.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged  for  “misconduct-drug  abuse”  due  to  a  dirty
urinalysis, while stationed at his last duty station in  Guam.   He
was a good airman/noncommissioned officer (NCO), whose  career  was
destroyed after nine years of service.  Divorce, homelessness,  and
under employment have plagued him since his separation.   He  seeks
the clearing of his good name, and help from a government that  has
not been merciful to him.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in Aug 75.  On  22  Nov  83,  the
applicant enlisted in the Regular Air Force for a  period  of  four
years in the grade of staff sergeant.  His highest grade  held  was
staff sergeant.

The following is a resume  of  his  last  eleven  (11)  Performance
Reports commencing with the report closing 25 Feb 77.

            PERIOD ENDING    PROMOTION RECOMMENDATION

            25 Feb 77  5 (Referral)
            30 Jun 77  7
                 30 Jun 78   9
             1 Apr 79  9
             1 Apr 80  8
             1 Apr 81  8
             1 Apr 82  9
             4 Aug 82  9
            12 Dec 82  9
            12 Dec 83  9
             3 Jan 85  9

On 10 May 85, applicant’s squadron commander notified him that  she
was recommending he be discharged from  the  Air  Force  for  minor
disciplinary infractions  and  drug  abuse.   She  recommended  the
applicant receive  a  general  discharge  based  on  the  following
reasons:  (1) On 25 Sep 84, applicant was counseled for failure  to
attend a military appointment; (2) On 30 Jan 85, applicant received
a Letter of Reprimand for failure to  pay  his  NCO  Club  and  DPP
bills; and (3) He received an Article 15 on 12 Apr 85, for wrongful
use of marijuana on or about 25 Mar  85;  punishment  consisted  of
reduction in grade to sergeant and forfeiture of $224.00

On 16 May 85, applicant acknowledged receipt of the notification of
discharge and, after consulting with counsel, offered a conditional
waiver of his rights associated with  an  administrative  discharge
board contingent upon receipt of no less than  an  under  honorable
conditions (general) discharge, and submitted statements in his own
behalf.

The Staff Judge Advocate found the case file legally sufficient  to
support discharge  and  recommended  a  general  discharge  without
probation and rehabilitation.  The discharge authority approved the
separation and directed a general discharge for drug abuse, without
probation and rehabilitation.

Applicant was discharged on 5  Jul  85,  in  the  grade  of  senior
airman, under the provisions of AFR 39-10, by reason of misconduct-
drug abuse, and received an under  honorable  conditions  (general)
discharge.  He served on active duty for a period of  9  years,  10
months, and 8 days.

Pursuant to the Board’s request on 7 Jun 06, the Federal Bureau  of
Investigation, Clarksburg, West Virginia, indicated on 14  Jun  06,
that, on the basis of data furnished, they are unable to locate  an
arrest record (Exhibit C).

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied and  states,  in
part, 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.

The applicant did not submit any evidence or identify any errors or
injustices   that   occurred   in   the    discharge    processing.
Additionally, the applicant provided no facts warranting  a  change
to his character of service.

A complete copy of the Air Force evaluation is at Exhibit D

HQ AFPC/DPPPWB recommends denial of  applicant’s  request.   DPPPWB
stated the commander acted within his authority when he demoted the
applicant for wrongful use of marijuana.

DPPPWB further states the application has not been filed within the
three-year time limitation imposed by AFI 36-2603.  In addition  to
being untimely under the statute of  limitations,  the  applicant’s
request may also be  dismissed  under  the  equitable  doctrine  of
laches, which  denies  relief  to  one  who  has  unreasonably  and
inexcusably delayed asserting a  claim.   Laches  consists  of  two
elements:   Inexcusable  delay  and  prejudice  to  the  Air  Force
resulting there from.  In the applicant’s case, he waited  over  20
years after discharge to petition the AFBCMR.

A complete copy of the Air Force evaluation is at Exhibit E.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 2 Jun 06, copies of the Air Force evaluations were forwarded  to
the applicant for review and response within 30 days.  As  of  this
date, no response has been received by this office (Exhibit F).

On 5 Jul 06, the AFBCMR offered the  applicant  an  opportunity  to
provide information pertaining to his activities since leaving  the
service.  As of this date, no response has been  received  by  this
office (Exhibit G).

___________________________________________________________________

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 regulations in  effect  at  the
time of his separation.  We find no evidence to indicate  that  his
reduction in grade to sergeant as a result of Article 15 punishment
or that his separation from the Air Force  was  inappropriate.   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.
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-2006-
01166 in Executive Session on 9 August 2006, under  the  provisions
of AFI 36-2603:

      Mr. Christopher D. Carey, Panel Chair
      Ms. Cheryl V. Jacobson, Member
      Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Apr 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
      Exhibit D.  Letter, AFPC/DPPRS, dated 2 May 06.
      Exhibit E.  Letter, AFPC/DPPPWB, dated 10 May 06.
    Exhibit F.  Letter, SAF/MRBR, dated 2 Jun 06.
      Exhibit G.  Letter, AFBCMR, dated 5 Jul 06.



                                   CHRISTOPHER D. CAREY
                                   Panel Chair