RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-01640
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  26 NOVEMBER 2007
_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He is looking to further his college education with the  assistance  of  his
Veterans Affairs (VA) benefits.  In order  for  him  to  move  forward  with
this, he needs his discharge status upgraded to honorable.

The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 16 Jun 86, for  a  period  of
four years in the grade of airman basic.  His highest grade held was  airman
first class.

On 13 Sep 89, the squadron commander notified  the  applicant  that  he  was
recommending he be discharged from  the  Air  Force  for  drug  abuse.   The
commander recommended the applicant receive an  under  honorable  conditions
(general) discharge based on the following:

      a.  On 12 Sep  89,  applicant  received  a  Letter  of  Reprimand  for
wrongfully using marijuana between 30 Jun and 29 Jul 89.


      b.  On 21 Aug 89, applicant received an Article 15 for possessing some
amount  of  marijuana  and  drug  paraphernalia.   Punishment  consisted  of
reduction in grade to airman basic and forfeiture of $100.00 pay  per  month
for two months.

On 26  Sep  89,  applicant  acknowledged  receipt  of  the  notification  of
discharge and, after consulting with counsel, waived  his  right  to  submit
statements in his own behalf.

The base Staff Judge Advocate reviewed the case file and  found  it  legally
sufficient  to  support  discharge  and  recommended  an   under   honorable
conditions (general) discharge without probation  and  rehabilitation.   The
discharge authority approved the separation and directed an under  honorable
conditions (general) discharge without probation and rehabilitation.

Applicant was discharged on 6 Oct 89, in the grade of  airman  basic,  under
the provisions of AFR  39-10,  by  reason  of  misconduct-drug  abuse,  with
service characterized as general (under honorable  conditions).   He  served
on active duty for a period of 3 years, 3 months, and 21 days.

Pursuant to the Board’s  request  on  19  Jun  06,  the  Federal  Bureau  of
Investigation,  Clarksburg,  West  Virginia,   provided   a   copy   of   an
investigation report, which is attached at 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 DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the FBI report, the applicant writes that he is grateful  for
the changes the armed services has provided to him.  Both the  negative  and
the positive have  molded  him  into  the  man  he  has  become  today.   He
apologizes for his past transgressions.  He says his  actions  were  selfish
and not indicative of who he is today.  He has made  mistakes  in  the  past
but it is these very mistakes that have made him  strive  to  be  worthy  of
that type of leadership and respect he once honored.  Since  his  separation
he  has  worked  some  incredible  jobs.   He  worked  with  developmentally
disabled both physically and  emotionally  disturbed  children  and  adults.
This led him to go back to school to achieve his Associate degree, then  his
Bachelor’s degree both in the field of Psychology to better  assist  him  in
working with children in crises.  He put himself  through  college,  and  he
was the first in his family of six  siblings  to  even  graduate  from  high
school.  When he signed up for the Air Force  he  paid  into  the  education
program  with  the  intentions  of  continuing  his   education   when   the
opportunity presented itself.  He can’t afford to continue  his  educational
journey without this benefit.  The DUI he received was during  the  time  of
his mother’s illness.  He has  turned  his  entire  life  around  since  his
mother’s illness.  He explains the controlled substance incident,  as  being
at the wrong party at the  wrong  time.   He  would  like  to  continue  his
journey working with emotionally disturbed children, and with this  military
upgrade he will be eligible for the educational grants  needed  to  continue
his educational goals.

Applicant’s complete response is at 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  regulation  and  we  find  no  evidence  to  indicate  that  his
separation from the Air Force was inappropriate or that it was based on any
factors other than his own misconduct.  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.  We have noted the information provided by the applicant related
to his post service activities.  However, we  do  not  find  this  evidence
sufficient to warrant favorable consideration of  the  applicant’s  request
based on clemency.  In addition, in view of the contents of the FBI  Report
of  Investigation,  we  are  not  persuaded  that   an   upgrade   of   the
characterization of applicant’s discharge is warranted.   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 Board noted that  applicant  appears
to have been misinformed regarding his eligibility  for  enlisting  in  the
USAFR.

_________________________________________________________________




The following members of the Board considered Docket  Number  BC-2006-01640
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 21 May 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFPC/DPPRS, dated 13 Jun 06.
    Exhibit E.  Letter, SAF/MRBR, dated 23 Jun 06.
    Exhibit F.  Letter, AFBCMR, dated 17 Jul 06.
    Exhibit G.  Letter, Applicant, undated.




                                   CHRISTOPHER D. CAREY
                                   Panel Chair