RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03635
                                       INDEX CODE:  112.10
      XXXXXXXXXXXXXXX                   COUNSEL: NONE

                                             HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 May 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was under stress, pressure, and anxiety due  to  personal  problems  with
his marriage.  His service was honorable from 1981 through 1984 so he  feels
his discharge should be characterized as honorable.  He does  not  have  any
felonies or warrants since his discharge.

In support of his application, the applicant provides a copy of his DD  Form
214, Certificate of Release or Discharge from Active Duty; Certification  of
Military Service; and DD Form 293, Application for the Review  of  Discharge
or Dismissal from the Armed Forces of the United States.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 17 September 1980, the applicant enlisted in the  Regular  Air  Force  at
the age of 18 in the grade of airman first class (E-3) for a period of  four
years.  He was progressively promoted to the rank of sergeant (E-4)  with  a
date of rank of 1 January 1985.

On  29  September  1986,  the  applicant  received  non-judicial  punishment
(Article 15) for writing a bad check at the Base Exchange.   His  punishment
consisted of reduction in rank to airman first class  (A1C)  (E-3),  and  30
days correctional custody.  That portion of punishment  having  to  do  with
reduction in grade to A1C was suspended until 28 March  1987  unless  sooner
vacated.  On 30 October 1986, the applicant’s  suspended  reduction  to  A1C
was vacated with a new date of  rank  of  29  September  1986  for  escaping
Correctional  Custody.   On  19  November  1986,  he  received  Article   15
punishment for being absent  without  leave  (AWOL)  for  three  days.   His
punishment consisted of reduction in rank to the grade of airman basic  (AB)
(E-1) and restriction to the base for 60 days.   On  3  December  1986,  the
applicant was convicted in civilian court of receiving stolen  property  and
spent 17 days in civilian  custody.   On  9  December  1986,  the  applicant
received a Letter of  reprimand  (LOR)  for  testing  positive  for  cocaine
during a urinalysis test.  On 27 January 1987, he was convicted  by  special
court-martial of being AWOL for nine days and breaking  the  restriction  to
base imposed on 19 November 1986.  He was sentenced to confinement  for  two
months and forfeiture of $200 of pay per month for two months.

On 11 February 1987, the applicant was notified of  his  commander’s  intent
to recommend him for discharge for misconduct under  the  authority  of  Air
Force Regulation (AFR) 39-10, paragraph 5-47b  and  5-49c,  with  a  general
discharge.  The applicant acknowledged receipt of  his  commander’s  intent,
consulted counsel, and submitted a conditional waiver for  no  less  than  a
general discharge.  On 23 February 1987, the Staff Judge Advocate found  the
case to be legally sufficient and recommended acceptance of the  applicant’s
conditional  waiver  for  a   general   discharge   without   probation   or
rehabilitation.  On 12 March 1987,  the  discharge  authority  accepted  the
applicant’s  conditional  waiver  and  approved  the  discharge  under   the
provisions of AFR 39-10, Chapter 5, Section H, Paragraph 5-47b  for  conduct
prejudicial to good order  and  discipline  and  paragraph  5-49c  for  drug
abuse;  citing  paragraph  5-49c  as  the  primary  reason.   The  discharge
authority   directed  the  applicant  be  discharged  without  probation  or
rehabilitation with a general (under honorable conditions) discharge.

The applicant was separated with  a  general  (under  honorable  conditions)
discharge effective 18 March 1987 with a separation code of HKK  (misconduct
– drug abuse) and a reentry code of 2B (discharged under general  or  other-
than-honorable discharge).  He served 6 years,  2  months  and  13  days  on
active duty.  He had 26 days lost time.

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

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states the  applicant’s  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation in effect at that time and was  within  the  discretion
of the discharge authority.  The applicant did not submit  any  evidence  or
identify  any  errors  or  injustices  that  occurred   in   his   discharge
processing.  It is DPPRS’ opinion that the applicant has provided  no  facts
warranting a change to his character of service.

The DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation and the FBI report  were  forwarded  to
the applicant on 7 January 2007 and 1 February 2007 for review and comment
(Exhibits D and E).   As  of  this  date,  this  office  has  received  no
response.

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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 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 character of discharge which  was  issued  at
the time of the applicant’s separation appears to  accurately  reflect  the
circumstances of his separation and we do not find it 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, in the absence of evidence to the contrary,  we  find  no  basis
upon which to recommend favorable action on 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 this application in  Executive
Session on 7 March 2007, under the provisions of AFI 36-2603:

                 Ms. Cathlynn B. Novel, Panel Chair
                 Mr. Jeffrey R. Shelton, Member
                 Ms. Dee R. Reardon, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2006-03635:

    Exhibit A.  DD Form 149, dated 7 Dec 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 15 Dec 06.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Jan 07.
    Exhibit E.  Letter, SAF/MRBC, dated 1 Feb 07, w/atch.




                                   CATHLYNN B. NOVEL
                                   Panel Chair