RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2008-03234
            INDEX CODE:  110.02
            COUNSEL:  None
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was denied promotion, reduced in rank and fined over $300 for  his  first
Article 15.  During the same time period, another airman  was  charged  with
Driving while Under the  Influence  (DUI)  of  alcohol.   However,  he  only
received a “slap on the wrist” because he and the commander  were  the  same
race.

He requested a discharge from military service  after  his  first  incident;
however, his request was not processed and he was moved around  for  another
year.

In support of his request, applicant provided a copy of  his  DD  Form  293,
Application for the Review of Discharge from the Armed Forces of the  United
States; his DD Form 214, Certificate of Release  or  Discharge  from  Active
Duty; certificates of  appreciation  and  awards,  and  character  reference
letters.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 2 Sep  82  in  the  grade  of
airman basic.  He was progressively promoted to the grade of  airman  having
assumed that grade effective and with a date of rank of 2 Mar 83.

On 23 Mar 84, the applicant was notified by his commander of his  intent  to
recommend that he be discharged from the Air Force under the  provisions  of
AFR 39-10, paragraph 5-47b, due to a pattern of misconduct.

The specific reasons for his actions were Letters of Counseling  (LOCs)  for
damaging government property and failure to go; Letters of Reprimand  (LORs)
for damaging government property and failing a dorm inspection;  Memorandums
for Record (MFRs) for  being  absent  from  scheduled  training,  delinquent
charge accounts, and being drunk on station.  He also received  two  Article
15s for disobeying a lawful order and an Article  15  for  testing  positive
for use of marijuana.

He was advised of his rights in this matter and acknowledged receipt of  the
notification on the same date.  On 3 May 84, he requested a  hearing  before
an administrative discharge board.

On 22 Jun 84, the board agreed with the findings and recommendations of  the
applicant’s commander.  In a legal review of the case  file,  the  assistant
staff judge advocate found  the  case  legally  sufficient  and  recommended
discharge.  On 30  Aug  84,  the  discharge  authority  concurred  with  the
recommendations and directed the applicant be issued  an  under  other  than
honorable  conditions  discharge  without  probation   and   rehabilitation.
Applicant was discharged on 12 Sep 84.  He served 2  years  and  11 days  on
active duty.

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  5
Jan 09, a copy of the FBI report was forwarded to the applicant  for  review
and comment within 30 days.  In  addition,  the  applicant  was  invited  to
provide post-service information (Exhibit D).

_________________________________________________________________

APPLICANT’S RESPONSE TO REQUEST FOR POST-SERVICE AND FBI REPORT:

Applicant states the FBI was  unable  to  associate  dispositions  with  the
charges because he is bipolar.  His problems occur only when his  medication
does not take affect (Exhibit E).

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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 this application in  Executive
Session on 3 March 2009, under the provisions of AFI 36-2603:

      Mr. James W. Russell, III, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Keith N. Eden, Member

The following  documentary  evidence  was  considered  under  AFBCMR  Docket
Number BC-2008-03234:

      Exhibit A.  DD Form 149, dated 15 Sep 08, w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C   FBI Report.
      Exhibit D.  Letter, AFBCMR, dated 21 Oct 08.
      Exhibit E.  Letter, Applicant, not dated.




                                  JAMES W. RUSSELL, III
                                  Panel Chair