RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2008-00198
                                             INDEX CODE:  106.00
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

He served dutifully and faithfully for 3 years and 11 months,  and  received
an Air Force Good Conduct Medal (AFGCM).

He is a jobless, homeless, veteran with no juvenile  or  adult  convictions,
and it has been 24 years since he was discharged.  He has learned  from  his
mistakes in life and tries to be a good  citizen  and  veteran.   He  has  a
potential job, but the employer has made it  clear  to  him  that  an  under
honorable conditions discharge is not good enough.

In support of his appeal, he has provided a copy of his DD Form 214.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force for four years  on  19  July
1979,  and  served  as  a  cable  splicing  installation   and   maintenance
specialist until his discharge.

On 9 June 1983, the applicant was notified  of  his  commander's  intent  to
recommend him for a general discharge for misconduct  –  minor  disciplinary
infractions.  The commander stated the following reasons  for  the  proposed
discharge:

        a. On 9 March 1982, he violated Air Force Regulation 35-10 standards
           by not wearing the required head-gear while in uniform,  and  was
           disrespectful to a Non-Commissioned Officer (NCO) by  ignoring  a
           lawful order to put his hat on, for which he received a Letter of
           Reprimand (LOR).

        b. On 20 December 1982, he  rendered  a  check  for  $50.00  to  the
           Keesler Base Exchange which was returned for insufficient  funds,
           for which he was counseled.


        c. At some point during the period from on or about 8 April 1983  to
           on or  about  8  May  1983,  he  wrongfully  used  marijuana,  as
           evidenced by a urine specimen he furnished on 8 May 1983 during a
           Unit Sweep Urine Analysis Testing Program, for which he  received
           an LOR.

Although not used  as  a  basis  for  discharge,  the  applicant’s  military
personnel records indicate his NCO status was vacated on  3  June  1983  for
conduct unbecoming an NCO due to his May 1983 urine sample testing  positive
for marijuana.

The commander advised the applicant of his  rights,  and  on  10 June  1983,
after consulting with counsel, he waived his right to a  hearing  before  an
administrative discharge board and to submit statements in his  own  behalf.
A legal review was conducted on 16 June  1983,  in  which  the  staff  judge
advocate recommended the discharge authority accept the applicant’s  waiver,
approve the discharge action, and direct  he  be  discharged  due  to  minor
disciplinary infractions with a general discharge characterization,  without
the  opportunity  to   participate   in   a   program   of   probation   and
rehabilitation.

On 17 June 1983, the applicant was discharged in the grade of senior  airman
(E-4) under the provisions of AFR 39-10, paragraph 5-46,  for  misconduct  -
pattern  of  minor  disciplinary  infraction,  with   an   under   honorable
conditions (general) service characterization.   He  served  a  total  of  3
years, 10 months, and 29 days of net active service

The applicant’s Airman Performance Report profile follows:

            PERIOD ENDING                    EVALUATION

              1 Jun 1980                           8
              1 Jun 1981                           8
              1 Jun 1982                           7
              1 Jun 1983                           8

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 February 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, in the absence of  documentation  pertaining  to  his  post-service
accomplishments, we cannot conclude that it  is  warranted.   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-  BC-2008-
00198 in Executive Session on 14 May 2008, under the provisions of  AFI  36-
2603:

                       Mr. James W. Russell, III, Panel Chair
                       Ms. Patricia R. Collins, Member
                       Mr. Steven A. Cantrell, Member

                                                    BC-2008-00198


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Dec 07, w/atch.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  USDOJ FBI Report, dated 6 Feb 08.
    Exhibit D.  Letter, AFBCMR, dated 29 Feb 08, w/atchs.





                                   JAMES W. RUSSELL, III
                                   Panel Chair