RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-02632
            INDEX CODE: 110.00
      XXXXXXX                     COUNSEL:  NONE
                                   HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His character of service be upgraded from general to honorable.

2.  His narrative reason for separation be changed from  Misconduct-Pattern
Discreditable Involvement with military or  Civil  Authorities  to  General
Agreement of Discharge.

________________________________________________________________

APPLICANT CONTENDS THAT:

In his mutual agreement to separate he was assured an honorable  discharge.
The  misconduct-pattern  was  never  detailed,  proved  or  court-martialed
[sic]}.  There was never a pattern of misconduct.

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

His complete submission, with attachment, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 15 July 1981. On 3  November
1982, he was notified by his commander that he was  recommending  discharge
from the Air Force  under  the  provisions  of  AFR  39-10,  Administrative
Separation of Airman, paragraph 5-47a for misconduct (pattern discreditable
involvement with military or civil authorities).  The specific reasons  for
this action were on 5 May 1982, he received a Letter of Reprimand (LOR) for
possession of alcoholic beverages; on 26 March 1982, he received an LOR for
offering to sell marijuana; on 14 January 1982, he received an  Article  15
for failure to go; on 17 August 1982, he received an LOR for failure to go;
and on 30 August  1982,  he  received  an  Article  15  for  possession  of
marijuana.  On 8 November 1982, he acknowledged receipt, consulted counsel,
and submitted statements on his own behalf.  In a legal review of his case,
the base legal office found it legally sufficient and recommended a general
discharge.

On 24 November 1982, he was discharged in the grade of airman.  He served a
total of 1 year, 4 months and 10 days on active duty.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, indicated on 2 October 2007, that,  on  the  basis  of  data
furnished, they are unable to locate an arrest record (Exhibit C).

On 14 November 2007, a request for post-service  information  was  forwarded
to the applicant for response within 30 days.  In response to  our  request,
applicant provided post-service information, which is  attached  at  Exhibit
D.

________________________________________________________________

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.  The Board finds 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.   The
applicant has not shown the characterization of the discharge  was  contrary
to the provisions of the governing regulation, nor has  it  been  shown  the
nature of  the  discharge  was  unduly  harsh  or  disproportionate  to  the
offenses  committed.   Considered   alone,   we   conclude   the   discharge
proceedings  were  proper  and  characterization  of   the   discharge   was
appropriate to the existing circumstances.

4.  Consideration of this Board, however,  is  not  limited  to  the  events
which precipitated the discharge.  We have  a  Congressional  mandate  which
permits consideration of other factors; e.g.,  applicant's  background,  the
overall   quality   of   service,   and    post-service    activities    and
accomplishments.  Further, we may base our decision  on  matters  of  equity
and clemency rather than simply  on  whether  rules  and  regulations  which
existed at the time were followed.  This is  a  much  broader  consideration
than officials involved in the discharge were permitted,  and  our  decision
in no way discredits the validity of theirs.

5.  Taking into consideration the  available  post-service  information,  it
appears likely that the applicant has overcome the behavioral  traits  which
led to the discharge action and has led a stable and productive  life  since
the separation.  We recognize  the  adverse  impact  of  the  discharge  the
applicant received; and, while it may have been appropriate at the time,  we
believe it would be an injustice for the applicant  to  continue  to  suffer
its effects.  Accordingly, we find that corrective action is appropriate  on
the basis of clemency and recommend the records be  corrected  as  indicated
below.

6.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues  involved.  Therefore,  the  request  for  a
hearing is not favorably considered.

________________________________________________________________

THE BOARD RECOMMEDS:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that  that  on 24 November  1982,  he  was
discharged under the provisions of AFR 39-10,  paragraph  1-2,  (Secretarial
Authority) and furnished an Honorable Discharge certificate.

_______________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
02632 in Executive Session on 18 December 2007, under the provisions of  AFI
36-2603:

                 Mr.  Michael J. Novel, Panel Chair
                 Mr.  Anthony P. Reardon, Member
                 Ms.  Marcia Jane Bachman, Member

All members voted to correct  the  record  as  recommended.   The  following
documentary  evidence  pertaining  to  Docket   Number   BC-2007-02632   was
considered:

      Exhibit A.  DD Form 149, dated 18 August 2007, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  FBI Negative Reply, 2 October 2007.
    Exhibit D.  Applicants Response, dated 7 November 2007.




                                   MICHAEL J. NOVEL
                                   Panel Chair




[pic]

Office Of The Assistant Secretary

BC-2007-02632




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to XXXXXXX, XXXXXXX, be corrected to show that on 24 November
1982, he was discharged under the provisions of AFR 39-10, paragraph 1-2,
(Secretarial Authority) and furnished an Honorable Discharge certificate.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency