RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2008-01472
            INDEX CODE:  110.00
            COUNSEL: NONE
            HEARING DESIRED:  NO

______________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be  upgraded  to
an honorable discharge.

______________________________________________________________

APPLICANT CONTENDS THAT:

He is not an undesirable person  deserving  of  a  less  than  an  honorable
discharge.  His discharge has hurt his civilian life and it  has  been  more
than 15 years.   He  is  married  and  has  raised  six  kids.   He  had  an
opportunity to appear before the Air Force Discharge  Review  Board  (AFDRB)
but was unable to because he had a job interview.  He went to the  interview
since he had a wife and children depending on him.  He was willing  to  give
his life for his country like many of the young  men  and  women  of  today.
Since his time in the military many things have happened, wars and 9/11  and
most of the people on the previous Board have probably retired.  He  is  now
appealing to a new breed of military people.  He is sorry  for  the  mistake
he made over 21 years ago and is asking the Board to  look  at  his  records
again and upgrade his discharge to honorable.

In support of his appeal, applicant submitted a copy of his  DD  Form  214,
Certificate of Release or Discharge from Active Duty, a personal statement,
character references and an Illinois Department of Veterans Affairs  (IDVA)
Form 200.

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

______________________________________________________________

STATEMENT OF FACTS:

On 1 Mar 73, the applicant contracted his initial enlistment in the  Regular
Air Force.   He  was  progressively  promoted  to  the  grade  of  technical
sergeant having assumed that grade effective and with a date of  rank  of  1
Jan 86.

On 9 Dec 86, one charge was preferred against  the  applicant  for  wrongful
introduction of a controlled substance on a military installation.   Special
court-martial charges were preferred on 11 Dec 86.

On 11 Dec 86, the applicant submitted a request for  discharge  in  lieu  of
court-martial. His  commander  recommended  the  request  for  discharge  be
approved and he receive a UOTHC discharge.

On 23 Dec 86, the staff judge  advocate  reviewed  the  case  and  found  it
legally sufficient  to  support  separation,  recommended  the  request  for
discharge in lieu of court-martial be accepted and that he receive  a  UOTHC
discharge.

The base commander and legal office reviewed the request for  discharge  and
recommended approval, with a UOTHC discharge.

On 24 Jan 87, the discharge authority approved  the  request  for  discharge
with a UOTHC discharge.

The applicant was discharged on 23 Feb 87.  He served 13  years,  11  months
and 23 days on active duty.

On 20 Dec 88, the  applicant  appealed  to  the  AFDRB  to  have  his  UOTHC
discharge upgraded to honorable.   The  AFDRB  considered  the  evidence  of
record and concluded that the applicant’s discharge was consistent with  the
procedural and substantive requirements of  the  discharge  authority,  that
the applicant was provided full administrative  due  process,  and  that  no
legal  or  equitable  basis  existed  for  an  upgrade  of  the  applicant’s
discharge.

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

On 23 Jun 08, the Investigative Report was forwarded to  the  applicant  for
review and response within 30 days.  On 1 Jul 08, the  Investigative  Report
was returned as undeliverable (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.    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 AFBCMR Docket Number  BC-2008-
01472 in Executive Session on 8 Aug 08 under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Josephine L. Davis, Member
                       Mr. Kurt R. LaFrance, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 7 Apr 08, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  FBI Investigative Report, dated 19 May 08.
      Exhibit D.  Letter, SAF/MRBC, dated 23 Jun 08.




                             THOMAS S. MARKIEWICZ
                             Chair