RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02982
                             INDEX CODE:  110.00

                             COUNSEL: None

                             HEARING DESIRED: No

MANDATORY CASE COMPLETION DATE:  1 APRIL 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His overall record was not considered when  he  was  discharged.   One
mistake was all it took.  His record of service prior to  the  mistake
was exemplary and his civilian record  since  then  is  also  free  of
blemishes.

He request his discharge be upgraded to allow him  to  enlist  in  the
Army.

In support of his appeal, applicant submitted a copy of his  DD  Form
214 and a letter of support from Representative Michael C. Gruitza.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air  Force  (RegAF)  on  11 December
1980 for a period of four years as an airman basic (AB).

On 25 July 1989, the applicant was notified of his commander’s  intent
to initiate discharge action against him under the provisions  of  Air
Force Regulation (AFR) 39-10, paragraph  5-49c-Misconduct-Drug  Abuse.
The commander  recommended  a  under  honorable  conditions  (general)
discharge.  The reason for the discharge action was:

      Conviction by  a  Special  Court-Martial  for  wrongful  use  of
marijuana.

The commander advised  applicant  that  military  counsel  had  been
obtained to assist  him;  present  his  case  to  an  administrative
discharge board; be represented by legal counsel at a board hearing;
submit statements in his own behalf in addition to, or in  lieu  of,
the board hearing; or waive the above rights after  consulting  with
counsel.

The applicant acknowledged receipt of the notification of  discharge
and after consulting with  legal  counsel  submitted  a  conditional
waiver of his rights associated  with  an  administrative  discharge
board hearing contingent  upon  receiving  no  less  than  an  under
honorable conditions (general)  discharge.   The  applicant  further
indicated he was not submitting statements in his own behalf.

The commander indicated in his recommendation for discharge that  he
consulted with the applicant and he desired to be  discharged.   The
commander concurred fully and believed it was in the  best  interest
of the applicant and the Air Force.  The applicant was entered  into
drug  counseling  with  social  actions  after  identification  from
urinalysis.

The 23rd Air Force and base legal office reviewed the case  and  found
it legally  sufficient  to  support  separation  and  recommended  the
applicant’s  conditional  waiver  request  be  accepted  and   he   be
discharged with an  under  honorable  conditions  (general)  discharge
without probation and rehabilitation.

On 11 August 1988, the discharge authority accepted the  applicant’s
conditional waiver and directed the applicant be separated  for  the
Air Force with an under  honorable  conditions  (general)  discharge
without probation and rehabilitation.

Applicant was discharged on 16 August 1988, in the grade  of  airman
first class with an under honorable conditions (general)  discharge,
in accordance with AFR 39-10, Administrative  Separation  of  Airmen
(misconduct - drug abuse).  He served seven years,  six  months  and
four days of active service.

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 the requested relief be denied.  They state  the
applicant has not submitted any evidence nor identified any errors  or
injustices that occurred in the processing of  his  discharge.   Based
upon the documentation in  the  applicant's  file,  they  believe  his
discharge  was  consistent  with  the   procedural   and   substantive
requirements of the discharge regulation.   Also,  the  discharge  was
within the sound discretion of the discharge authority.

A complete copy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3
November 2006, for review and response.  As of this date, no  response
has been received by this office.

On 8 December 2006, the Board staff forwarded the applicant a copy  of
FBI report for review and response.  As of this date, no response  has
been received by this office (Exhibit F).

_________________________________________________________________

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  to  warrant  upgrading  the
applicant’s discharge.  The  applicant  received  an  under  honorable
conditions (general) discharge for wrongful use of marijuana.  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.  Based on the  documentation  in  the
applicant's records, it appears the processing of  the  discharge  and
the  characterization  of   the   discharge   were   appropriate   and
accomplished in accordance with Air Force  policy.   Furthermore,  the
applicant had the opportunity to submit mitigating evidence during the
discharge process and after  consulting  with  counsel  the  applicant
submitted a conditional waiver in lieu of a board  hearing  contingent
upon  him  receiving  no  worse  than  a  under  honorable  conditions
(general) discharge.  The Board further notes that  according  to  the
FBI Report, misconduct appears to have continued after  the  applicant
was  discharged.   Therefore,  in  the  absence  of  evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.

_________________________________________________________________

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-
2006-02982  in  Executive  Session  on  11  January  2007,  under  the
provisions of AFI 36-2603:

                       Mr. Laurence M. Groner, Panel Chair
                       Mr. Todd L. Schaffer, Member
                       Ms. Maureen B. Higgins, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 25 Sep 06, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 17 Oct 06
   Exhibit E.  Letter, SAF/MRBR, dated 3 Nov 06.
   Exhibit F.  Letter, AFBCMR, dated 8 Dec 06.





                             LAURENCE M. GRONER

                                        Panel Chair