RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-01987
                                       INDEX CODE:  110.02
      XXXXXXXXXXXXXXXXXX                COUNSEL:  NONE

                                             HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  2 January 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes his discharge to be unjust because prior to  his  court-martial,
he had served his country honorably with no prior trouble.  He was  ignorant
of the consequences of his actions.  He was only 19 or 20 years of  age  and
thought he knew everything.   He  realizes  he  made  a  mistake,  sincerely
apologizes, asks forgiveness and requests his discharge be upgraded.

The  applicant  provides  no  evidence  in  support  of  his  appeal.    The
applicant’s submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 27 August 1980, the applicant enlisted in the Regular Air  Force  in  the
grade of airman basic (E-1) for a period of four years.  The  applicant  was
progressively promoted to the grade of airman first  class  (E-3)  effective
and with a date of rank of 27 August 1981.

Special Court-Martial Order Number 23, dated 19 March  1982,  indicates  the
applicant was found guilty of:

      a. At divers times from about 1 July 1981  to  about  11  March  1982,
applicant wrongfully used marijuana.


      b. At divers times from about 1 July 1981  to  about  11  March  1982,
applicant had in his possession some quantity of marijuana.


      c. At divers times from about 1 July 1981  to  about  11  March  1982,
applicant wrongfully transferred marijuana.


      d. At divers times from about 1 July 1981  to  about  11  March  1982,
applicant wrongfully sold marijuana.


As  a  result  of  being  found  guilty,  the  applicant  was  sentenced  to
confinement at hard labor for five months, forfeiture of $275 per month  for
five months, and  reduction  to  the  grade  of  airman  basic  (E-1).   The
sentence was adjudged on 10 May 1982.

On 24 February 1983,  the  applicant  received  Article  15  punishment  for
failure to obey a lawful order.  His punishment consisted of  forfeiture  of
$125 for one month and five days extra duty.


On 29 March 1983, his commander recommended the applicant be separated  with
a UOTHC discharge for a pattern of misconduct under AFM 39-10, paragraph  5-
47  a&b.   The  applicant  acknowledged  receipt  of  the  notification   of
discharge and, after consulting with legal counsel, waived his rights  to  a
hearing before an administrative discharge board and  to  submit  statements
in his own behalf.  On 1 April 1983, the  recommendation  was  found  to  be
legally sufficient by the staff  judge  advocate.   On  6  April  1983,  the
discharge authority approved the discharge and  directed  the  applicant  be
discharged with a UOTHC discharge under AFM 39-10,  Chapter  5,  Section  H,
Paragraph 5-47b.

The applicant was discharged effective 7 April 1983 with a UOTHC  discharge.
 He served two years, three months, and seven days on active duty.

Pursuant  to  the  Board’s  request,  the  FBI  provided  a  copy   of   an
Investigative Report, Number 479110LA6, which is at Exhibit E.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the applicant’s request be denied.  DPPRS  states  the
applicant’s discharge was consistent with  the  procedural  and  substantive
requirements of the discharge regulation in affect  at  that  time  and  was
within the discretion of the discharge authority.   The  applicant  did  not
provide any facts warranting an upgrade of his discharge, nor did he  submit
any evidence or identify any errors  or  injustices  that  occurred  in  his
discharge processing.

The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on  28
July 2006 for review and response within 30 days.  As of this  date,  this
office has received no response (see Exhibit D).

On 21 September 20065, a copy  of  the  FBI  report  was  forwarded  to  the
applicant for review  and  comment.   As  of  this  date,  this  office  has
received no response (see Exhibit E).

_________________________________________________________________

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 probable error or injustice.  The applicant  did  not  provide
persuasive evidence showing the  information  in  the  discharge  case  was
erroneous, his substantial rights were violated,  or  that  his  commanders
abused their discretionary authority.  The  characterization  of  discharge
which was issued at the  time  of  the  applicant’s  separation  accurately
reflects the circumstances of  his  separation  and  we  do  not  find  the
characterization of discharge to be in error or unjust.   In  view  of  the
foregoing and in the absence of evidence by the applicant  attesting  to  a
successful post-service adjustment in the years since  his  separation,  we
are not inclined to extend clemency in this case.  Therefore,  we  conclude
that no basis exists upon  which  to  recommend  favorable  action  on  his
request that his discharge be changed.

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 this application in  Executive
Session on 31 October 2006, under the provisions of AFI 36-2603:

                 Ms. Martha J. Evans, Panel Chair
                 Mr. Wallace F. Beard, Jr., Member
                 Ms. Jan Mulligan, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2006-01987
was considered:

      Exhibit A.  DD Form 149, dated 26 Jun 06, w/atch.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dated 13 Jul 06.
      Exhibit D.  Letter, SAF/MRBR, dated 28 Jul 06.
      Exhibit E.  Letter, SAF/MRBC, dated 21 Sep 06, w/FBI Report
                         Number 479110LA6, dated 27 Jul 06.




                                                   MARTHA J. EVANS
                                                   Panel Chair