RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01344
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  6 NOVEMBER 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and did not know what his two roommates were doing. They
made everything up and put him out of the Air Force.

In support of his appeal, applicant submitted a copy of his  DD  Form
214, Certificate of Release or Discharge from Active Duty.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  (RegAF)  on  16 December
1981 in the grade of airman basic (E-1) for a period of six years.

The applicant’s commander notified him that he  was  recommending  him
for discharge from the Air Force for minor  disciplinary  infractions.
The specific reasons for the discharge action were:

      a.    On 24 May 1982, the applicant received an Article  15  for
wrongfully appropriating one checkered shirt, one striped belt and one
pair of tan trousers, the property of another airman.

      b.    On 15 February 1983, the applicant received an Article  15
for wrongful possession of marijuana and drug abuse paraphernalia.

      c.    On 16 February 1983, the applicant received  a  Letter  of
Reprimand (LOR) for sleeping on duty.

The commander advised the applicant of his  right  to  consult  legal
counsel and that military legal counsel had been  obtained  for  him;
submit statements in his own behalf;  and  that  failure  to  consult
counsel or to submit statements would  constitute  a  waiver  of  his
right to do so.

The commander indicated in his recommendation for discharge that  the
applicant had  been  counseled  numerous  times  by  his  supervisor,
Officer  in  Charge  (OIC),  First  Sergeant  and  commander.   These
counseling’s  did  not  persuade  the  applicant   to   correct   any
deficiencies he may perceived or have with the Air Force.

On 18 February  1983,  the  applicant  acknowledged  receipt  of  the
notification of discharge and after  consulting  with  legal  counsel
waived his right to submit statements in his own behalf.

On 24 February 1983, a legal review was conducted in which the  staff
judge advocate recommended the applicant receive an  under  honorable
conditions (general) discharge without probation and  rehabilitation.


On 28 February 1983, the discharge authority approved the  separation
and directed that the applicant be discharged with a  general  (under
honorable conditions) discharge without probation and rehabilitation.

Applicant was separated from the Air Force on 2 March 1983 under  the
provisions  of  Air  Force  Regulation  (AFR)  39-10,  Administration
Separation  of  Airman  (misconduct-pattern  of  minor   disciplinary
infractions), with a general (under honorable conditions)  discharge.
He was credited with 1 year, 2 months and  17  days  of  active  duty
service.

On 15 May 1987, the applicant appealed to  the  Air  Force  Discharge
Review  Board  (DRB)  to  have  his  general  discharge  upgraded  to
honorable.  The AFDRB, on 30 November 1987,  denied  the  applicant’s
request for an upgrade of his discharge.

Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigative report which is  attached
at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  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.  He provided  no
facts warranting a change in his character of service.

AFPC/DPPRS complete evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and rebuts the charges
brought against him at the time.  The  Air  Force  has  problems  with
people 18-19 years old and black.  They used  and  put  him  out  with
nothing and knew what they were doing (Exhibit F).

A copy of the FBI Investigation was forwarded to the applicant  on  24
July 2006 for review and comment within 14 days.   As  of  this  date,
this office has received no response (Exhibit G).

The applicant reviewed the FBI Investigation and states he  has  never
been fingerprinted by the FBI and their information is wrong.  He does
not have any convictions or felonies (Exhibit H).


___________________________________________________________________

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 an injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt its rationale  as  the  basis  for  our  decision  that  the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice.  After thoroughly reviewing the evidence  of
record, we find no evidence to show that the applicant’s discharge was
erroneous or unjust.  The applicant was discharged for  a  pattern  of
misconduct.   His  records  reflect  he  was  counseled  on   numerous
occasions in effort to improve his conduct  and  these  rehabilitative
efforts failed.  The applicant states the entries on the investigative
report for 1991  are  not  his;  however,  he  has  not  provided  any
documentation to  prove  he  was  not  involved  in  these  incidents.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

4. The applicant's case is adequately documented and it has  not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-
2006-01344 in Executive Session on 15 August 2006 under the provisions
of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. LeLoy W. Cottrell, Member
                 Ms. Karen A. Holloman, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 28 Apr 06, w/atch.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 12 May 06.
   Exhibit E.  Letter, SAF/MRBR, dated 26 May 06.
   Exhibit F.  Letter, Applicant, undated.
   Exhibit G.  Letter, SAF/MRBC, dated 24 Jul 06, w/atch.
   Exhibit H.  Letter, Applicant, undated, w/atchs.




                                        RICHARD A. PETERSON
                                        Panel Chair