RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00454
                                             INDEX CODE:  110.00
      XXXXXXXXXXXXX                     COUNSEL:  DAV

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  16 July 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

His characterization of service be upgraded from under honorable  conditions
(general) to honorable so that he may re-enlist in the military.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and immature.  He has been drug free since 1990,  has  matured,
and wishes to again serve his country if given the opportunity.

In support of his appeal, he  has  submitted  four  letters  supporting  his
application.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 6 August 1985  for  a  period
of four years.

Although not used as a  basis  for  discharge,  his  records  contained  the
following records of disciplinary action:

        a. Nonjudicial punishment, dated 9 December 1987, for, on  or  about
           26 November 1987, operating a vehicle while drunk, for  which  he
           received a reduction to the grade of Airman (E-2), forfeiture  of
           $150.00 pay per month for two months, both suspended until 8 June
           1988, and 45 days extra duty.
        b. Letter of Reprimand, dated 17 February 1989, for two incidents of
           failure to go on 10 February 1989 and 11 February 1989.

On 25 July 1989,  applicant  was  notified  of  his  commander's  intent  to
recommend him for an under  honorable  conditions  (general)  discharge  for
misconduct, specifically, for wrongfully using marijuana from on or about  1
May 1989, to on or about 30 May 1989,.  On 19 June  1989,  applicant  tested
positive for marijuana as a result of a  urine  sample  collected  during  a
random urinalysis sweep conducted on 30 May 1989.  Applicant  accepted  non-
judicial punishment which consisted of a reduction to the  grade  of  Airman
First Class (E-3), forfeiture of $250.00 pay per month for  one  month,  and
15 days extra duty.

The commander advised applicant of  his  right  to  consult  legal  counsel,
submit statements in his  own  behalf,  or  waive  the  above  rights  after
consulting with counsel.

On 26 July 1989, after consulting with counsel, applicant waived  his  right
to submit statements in his own behalf.

A legal review was conducted on 1 August 1989,  in  which  the  staff  judge
advocate recommended applicant be discharged for drug abuse, with a  general
discharge characterization.

A resume of applicant's performance reports follows:

      PERIOD ENDING                     OVERALL EVALUATION

       1 Mar 1989                       9
      25 Apr 1988                       9
      25 Apr 1987                       9
       5 Aug 1986                       9

Applicant was discharged on 7 August 1989  in  the  grade  of  Airman  First
Class (E-3), with an under honorable  conditions  discharge,  in  accordance
with AFR 39-10, paragraph 5-50.1, for misconduct –drug abuse.  He  served  a
total of four years and two days.

Pursuant to the Board’s request, the Federal Bureau of Investigation  (FBI),
Clarksburg, WV, provided a copy of  an  Investigation  Report  which  is  at
Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial.   The  discharge  was  consistent  with  the
procedural and substantive requirements of the discharge regulation 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
the discharge processing, and he has provided no facts warranting  a  change
to his general discharge.

The AFPC/DPPRS evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 9  March
2007, for review and comment within 30 days.  However, as of this  date,  no
response has been received by  this  office.   Additionally,  applicant  was
given a chance on 20 March 2007,  to  provide  information  within  30  days
pertaining to his activities since leaving the service.  As  of  this  date,
no response has been received by this office.

A copy of the FBI, Clarksburg, WV, Report of Investigation was forwarded  to
the applicant on 20 March 2007 for review and comment within  30  days.   As
of this date, this office has received no response.

________________________________________________________________

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  find  no  impropriety  in   the
characterization of applicant's discharge.  It  appears  that  responsible
officials applied appropriate standards in effecting the  separation,  and
we do  not  find  persuasive  evidence  that  pertinent  regulations  were
violated or that applicant was  not  afforded  all  the  rights  to  which
entitled at the time of  discharge.   We  conclude,  therefore,  that  the
discharge proceedings were proper and characterization  of  the  discharge
was appropriate to the existing circumstances.

4.  We also find insufficient evidence to warrant  a  recommendation  that
the discharge be upgraded on the basis of clemency.   We  have  considered
applicant's overall quality of service, the events which precipitated  the
discharge, and available evidence related to post-service  activities  and
accomplishments.  Based on the evidence of record, we cannot conclude that
clemency is warranted. Applicant has not provided  sufficient  information
of post-service activities and accomplishments for us to conclude that  he
has overcome the behavioral traits which caused the discharge.  We cannot,
therefore, recommend approval based on the current evidence of record.

________________________________________________________________

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-2007-00454
in Executive Session on 3 May 2007, under the provisions of AFI 36-2603:

                       Mr. James W. Russell, III, Panel Chair
                       Ms. Maureen B. Higgins, Member
                       Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Jan 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, US DOJ FBI, dated 7 Mar 07.
    Exhibit D.  Letter, AFPC/DPPRS, dated 21 Feb 07.
    Exhibit E.  Letter, SAF/MRBR, dated 9 Mar 07.




                                   JAMES W. RUSSELL, III
                                   Panel Chair