RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03574
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  28 MAY 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

He served his country with pride regardless of the decision allocated
to him.  He further states he was young and dumb.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air  Force  (RegAF)  on  4 February
1983 in the grade of airman first class (A1C) for a  period  of  four
years.

On 10 March 1986, the applicant’s commander notified him that  he  was
recommending him for discharge from  the  Air  Force  (AF)  under  the
provisions of Air Force Regulation (AFR) 39-10 for  serious  offense--
drug abuse.   The  applicant’s  commander  further  indicated  he  was
recommending the applicant  receive  an  under  other  than  honorable
conditions (UOTHC) discharge.  The specific reason for  the  discharge
action was:

      On  or  about  27  June  1985,  the  applicant  wrongfully  used
marijuana  for  which  he  received  an  Article  15  with  punishment
consisting of reduction to airman  first  class  (A1C)  and  suspended
forfeiture of $480.00 for two months.

The  commander  advised  applicant  that  military  counsel  had  been
obtained to assist him and that he had the right to 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.

On  12  March  1986,  the  applicant  acknowledged  receipt  of  the
notification of discharge and after consulting  with  legal  counsel
offered a conditional  waiver  of  his  rights  associated  with  an
administrative discharge board hearing contingent upon receipt of no
less than an under honorable  conditions  (general)  discharge.   He
also submitted statements in his own behalf.

A  legal  review  was  conducted  determined  the  case  was   legally
sufficient to  support  separation  and  recommended  the  applicant’s
conditional waiver be accepted and he  be  discharged  with  an  under
honorable  conditions  (general)  discharge  without   probation   and
rehabilitation.

On 28 April 1986, the discharge authority approved the separation and
directed that the applicant be discharged  with  an  under  honorable
conditions (general) discharge without probation and rehabilitation.

The applicant was separated from the Air Force on 14 May  1986  under
the provisions of AFR  39-10,  Administrative  Separation  of  Airmen
(misconduct-drug abuse), with an under honorable conditions (general)
discharge.  He served 3 years, 10 months and 7 days  of  active  duty
service.

Pursuant to the Board’s request, the Federal Bureau of  investigation,
Washington, D.C., indicated on the basis of the  data  furnished  they
were unable to locate an arrest record (Exhibit C).

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the applicant’s request  to  have  his
under honorable conditions (general) discharge upgraded to  honorable.
 DPPRS states based on the documentation on file  in  the  applicant’s
master  personnel  record,  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.

A complete copy of the AFPC/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
15 December 2006, for review  and  response.   As  of  this  date,  no
response has been received by this office.

___________________________________________________________________

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 and the applicant has not  submitted  evidence  to
show the processing of his discharge was in error or unjust.  However,
should the applicant provide documentation  pertaining  to  his  post-
service accomplishments and activities, this Board would be willing to
review the materials for possible reconsideration of his request based
on clemency.  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-
2006-03574  in  Executive  Session  on  21  February  2007  under  the
provisions of AFI 36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Mr. Reginald P. Howard, Member
                 Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 Nov 06.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 1 Dec 06.
   Exhibit E.  Letter, SAF/MRBR, dated 15 Dec 06.




                                        MICHAEL J. NOVEL
                                        Panel Chair