RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03239
            INDEX CODE:  110.02
                             COUNSEL:  NOT INDICATED

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  22 APR 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  under  other  than  honorable  conditions  (UOTHC)  discharge  be
upgraded to an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His attitude and outlook about life has drastically changed. He  is  a
member of a local church and he has waited  20  years  to  request  an
upgrade so he can apply for Veterans benefits.

In support of his application the applicant provided a copy of his  DD
Form 214, Certificate of Release or Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
4 October 1984, for a term of 4 years.  On 18 November  1986,  Special
Court-Martial charges were preferred against the applicant.  The basis
for the commander’s recommendation was for on or about 26 August 1986,
wrongful distribution of some quantity of marijuana; On  or  about  26
August 1986, attempted  to  wrongfully  distribute  some  quantity  of
cocaine; On or about 26 August 1986, steal United States currency,  of
a value of $50.00, the property of another airman and on or  about  19
August 1986, wrongful distribution of some quantity of  marijuana   On
2 December 1086, after consulting with legal counsel, he  submitted  a
request  for  discharge  in  lieu  of  trial  by  court-martial.    He
understood that if his request was approved,  the  may  be  discharged
with an UOTHC discharge.  The discharge case was reviewed by the  base
legal office and found to be legally sufficient to  support  discharge
and recommended his request for discharge in lieu of trial  by  court-
martial be approved and he  be  discharged  with  an  UOTHC  discharge
without probation and rehabilitation (P&R).  The  discharge  authority
accepted the applicant’s request for discharge in  lieu  of  trial  by
court-martial and directed the applicant be discharged with  an  UOTHC
discharge without P&R.  Applicant was separated on 19  December  1986,
under the provisions of AFR 39-10, Administrative Separation of Airmen
for (Request for Discharge In Lieu  of  Trial  By  court-Martial)  and
received a UOTHC discharge.  He served 2 years, 2 months and  16  days
on active duty.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, provided a copy of an Investigation Report purportedly
pertaining to the applicant, which is at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states 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,  nor
did he provide any facts warranting a change to his UOTHC discharge.

The DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1
December 2006, for review and comment within 30 days.  A copy  of  the
FBI Report was provided for review and response within 14 days and  to
date no response has been received.  (Exhibit F)

In further  support  of  the  appeal,  applicant  provided  three  (3)
letters.  (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.  The discharge appears to  be  in
compliance with the governing regulation, and we find no  evidence  to
indicate  his  separation  from  the  Air  Force  was   inappropriate.
Further, we  find  no  evidence  of  error  in  this  case  and  after
thoroughly reviewing the evidence of record, we do not believe he  has
suffered from an injustice.   The  only  other  basis  upon  which  to
upgrade his discharge would be clemency.  However, we have  considered
the  applicant’s  overall  quality  of  service,  the   events   which
precipitated the discharge and  the  evidence  related  to  his  post-
service activities and  accomplishments.   There  is  nothing  in  the
available record that would cause us to disturb  the  actions  of  the
reviewing officials in this case.  Therefore, based on  the  available
evidence of record, we find no basis upon which to favorably  consider
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 Docket  Number  BC-2006-
03239 in Executive Session on 14 March 2007, under the  provisions  of
AFI 36-2603:

                 Ms. Patricia J. Zarodkiewicz, Vice Chair
                 Mr. Richard K. Hartley, Member
                 Mr. Garry G. Sauner, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 17 Oct 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Response, dated 14 Nov 06.28 Nov 06.
      Exhibit D. Letter, AFPC/DPPRS, dated 13 Nov 06.
      Exhibit E. Letter, SAF/MRBR, dated 1 Dec 06.
      Exhibit F. Letter, AFBCMR, dated 6 Feb 07.
      Exhibit G. Applicant’s Response, dated 8 Feb 07, w/atchs.





      PATRICIA J. ZARODKIEWICZ
      Vice Chair