RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-03791
            INDEX CODE:  110.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE: May 28, 2008

_____________________________________________________________

APPLICANT REQUESTS THAT:

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

_____________________________________________________________

APPLICANT CONTENDS THAT:

There is no error or unjust reason.  He was informed  at  discharge,  that
after a period of time, he could have his discharge  certificate  upgraded
to honorable.

He provided a copy of his DD Form 214, Report of  Separation  from  Active
Duty.

The applicant's complete submission, with attachment, is at Exhibit A.

_____________________________________________________________

STATEMENT OF FACTS:

The former member entered active duty on 28 Jan 76 and served for a period
of 1 year, 5 months, and 12 days.

The applicant was involved in a one vehicle accident involving alcohol  on
26 Mar 77.  He had two other passengers in the vehicle at the time of  the
accident.

The applicant sustained injuries requiring eight days of  hospitalization;
while the other passengers required one day.

A blood alcohol test (BAT) was conducted and the applicant was  proven  to
be legally intoxicated (.18%) and he was adjudged guilty of driving  while
intoxicated on 11 Apr 77.

A formal line of duty determination was conducted after the  accident  and
found the applicant’s injuries not in the line of  duty  due  to  his  own
misconduct (intoxication, excessive speed,  and  driver  inattentiveness).
He was charged eight days lost time.

The applicant was given an Article 15  on  3  Oct  77  for  willfully  and
wrongfully damaging the left door of a fellow airman’s car.   He  received
forfeiture of $100 per month for two months and a suspended  reduction  to
airman basic.

The applicant was given  an  Article  15  on  25  Oct  77  for  possessing
marijuana.  He was reduced to the grade of airman and ordered  to  forfeit
$100 pay per month for two months.  The applicant  requested  a  suspended
reduction; however, he  received  an  unsuspended  reduction  due  to  his
admitted heavy and continuous use of marijuana, and his voiced  intentions
to continue this same level of usage.

The applicant’s commander notified him that he was recommending  discharge
from the Air Force on 2 Nov 77. The commander  recommended  the  applicant
receive a general (under honorable conditions) discharge for an  apathetic
and defective attitude toward military  authority  and  regulations.   The
discharge authority approved the separation on 28 Nov 77 and directed  the
applicant be  discharged  with  a  general  (under  honorable  conditions)
discharge.

The applicant was discharged on 30 Nov 77 with a general (under  honorable
conditions) discharge.

Pursuant to the Board’s  request,  the  Federal  Bureau  of  Investigation
provided a copy of an Investigative Report, Number 471377LA0, which is  at
Exhibit C.

_____________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based on the documentation on file  in  the
master personnel records (MPR), the  discharge  was  consistent  with  the
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
injustice that occurred in the discharge processing.  He provided no facts
warranting a change to his general (under honorable conditions) discharge.

The AFPC/DPPRS complete 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 5 Jan
07 for review and comment within 30 days.  As of this  date,  this  office
has not received a response (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 error or  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  office  of  primary
responsibility and adopt its rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of an error or  injustice.   In
addition, in view of the contents of the FBI Report of  Investigation,  we
are  not  persuaded  that  an  upgrade  of  the  characterization  of  the
applicant’s discharge is warranted on the basis of  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 Docket Number  BC-2006-03791
in Executive Session on 7 March 2007, under the provisions of AFI 36-2603:

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





The following documentary evidence was considered for  Docket  Number  BC-
2006-03791:

    Exhibit A.  DD Form 149, w/Atchs, 12 Dec 06.
    Exhibit B.  Applicant’s Military Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Letter, AFPC/DPPRS, dated 19 Dec 06.
    Exhibit E.  Letter, SAF/MRBR, dated 5 Jan 07.



                                   CATHLYNN B. NOVEL
                                             Panel Chair