RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-03922
                                             INDEX CODE:  106.00
      XXXXXXXXXXXXXXXXXXX               COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

He and his supervisor had a conflict of interest.

In support of his appeal, he has provided copies of his DD Form 214 and  six
character references.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Regular Air Force (RegAF) on 3 November 1972,  and
served as an avionics instrument systems specialist until his discharge.

On 15 April 1975, the applicant was notified of his  commander's  intent  to
recommend him for a general discharge for  apathy  and  defective  attitude.
Citing poor duty performance and failure to complete a  drug  rehabilitation
program, the  commander  stated  the  following  reasons  for  the  proposed
discharge:

        a. The applicant’s failure to go on or about 5 and 8 February  1973,
           for which he received an Article  15.   Punishment  consisted  of
           restriction to the limits of Chanute AFB, IL, for fourteen days.


        b. His conviction by a Civil  Court  on  8  August  1974  for  using
           marijuana.   The  sentence  imposed  was  six  months  probation,
           payment of a fine and costs of $125.00 within six months, payment
           of $5.00 a month oversight  fee,  prohibited  use  of  controlled
           substances,  working  four  eight-hour  days  for  the  city   of
           Marquette, and five days in jail.
        c. His failure to go on or about  5  November  1974,  for  which  he
           received an Article 15.  Punishment consisted  of  forfeiture  of
           $50.00  and  reduction  to  the  grade  of  airman  first  class,
           suspended until 1 May 1975.

        d. His failure to  satisfactorily  complete  a  Drug  Rehabilitation
           Program.

The commander advised the applicant of  his  rights,  and  after  consulting
with counsel, the applicant, in an undated statement, indicated  his  desire
for a hearing before  an  administrative  discharge  board.   The  Board  of
Officers convened on 20 May 1975, and found the applicant  had  a  defective
attitude  and  apathy,  and  recommended   that   he   be   discharged   for
unsuitability with a general discharge characterization.  The  findings  and
recommendations of the Board were approved on 10 June 1975.

A legal review was conducted on 16 June  1975,  in  which  the  staff  judge
advocate  recommended  the  Board’s  recommendations  be  approved  and  the
applicant be discharged with a general discharge characterization.

On 3 July 1975, the applicant was discharged in the grade of sergeant  (E-4)
under the provisions of  AFR  39-21,  with  an  under  honorable  conditions
(general)  service  characterization.   He  served  a  total   of   2 years,
8 months, and 1 day of total active service.

The applicant’s Airman Performance Report (APR) profile follows:

            PERIOD ENDING                    EVALUATION

             1 Sep 1973                            8
             1 Sep 1974                            5
             4 Dec 1974                            5
             4 Mar 1975                            3 (referral)

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.  On 29 January 2008, a copy of the FBI report and a  request  for
post-service information were forwarded to  the  applicant  for  review  and
comment within 30 days.  However, 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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case; however, we  find  no
evidence  of  an  error  or  injustice  that  occurred  in   the   discharge
processing.  Based on the available  evidence  of  record,  it  appears  the
discharge was consistent with the substantive requirements of the  discharge
regulation  and  within  the  commander's  discretionary   authority.    The
applicant has provided no evidence  which  would  lead  us  to  believe  the
characterization of the service  was  contrary  to  the  provisions  of  the
governing regulation, unduly harsh,  or  disproportionate  to  the  offenses
committed.   We  considered  upgrading  the  discharge  based  on  clemency;
however, we do not find the evidence presented is sufficient  to  compel  us
to recommend granting the relief sought on that basis.   Therefore,  in  the
absence of evidence to  the  contrary,  we  find  no  basis  upon  which  to
recommend granting the relief sought.

________________________________________________________________

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-2007-03922
in Executive Session on 13 March 2008, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Karen A. Holloman, Member
                       Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Nov 07, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  USDOJ FBI Report, dated 9 Jan 08.
    Exhibit D.  Letter, AFBCMR, dated 29 Jan 08, w/atchs.



                                   THOMAS S. MARKIEWICZ
                                   Chair