RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-02355
            INDEX CODE:  A67.90/A92.21/22
      XXXXXXX    COUNSEL:  Disabled American
                          Veterans (DAV)

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His General (Under Honorable  Conditions)  discharge  be  upgraded  to
Honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His duty performance during  his  enlistment  in  the  Air  Force  was
outstanding.  Since separating from active service over 23 years  ago,
he has graduated from XXXXXXXXXXXX where he continued in his career in
the industry.  Several years later, he completed  the  Tractor-Trailer
Driving Course and has operated over the road.   The  upgrade  of  his
discharge to honorable is  very  important  for  him  and  his  future
advancement and growth in his career field.

In support of his request, the applicant provides  copies  of  his  DD
Form 293, Application for the  Review  of  Discharge  from  the  Armed
Forces of the United States, 438th Field  Maintenance  Squadron  (FMS)
Certificate   of   Achievement,   XXXXXXXXXX    Technical    Institute
Comprehensive Welding Certificate of  Completion,  and  a  Chauffeur’s
Training School Certificate of Completion.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records indicate  he  enlisted  in  the
Regular Air Force on 11 Sep 79 for a period of four years as an airman
basic (E-1), eventually reenlisting for a period of  six years  on  13
Dec 83.  He was progressively promoted to the grade of sergeant  (E-4)
effective and with a date of rank of 1 Aug 82.

On 3 Jan 86, the applicant was notified by his commander of his intent
to recommend his involuntary discharge from the Air Force for  Conduct
Prejudicial to Good Order and Discipline.

The reasons for the action were:

     a.  He did, on or about 10 Jun 85, provide a urine  sample  which
tested positive for  cocaine,  for  which  he  received  a  Letter  of
Reprimand (LOR) and an Unfavorable Information File (UIF) entry  on  2
Dec 85, and vacation of his non-commissioned officer status on  5  Dec
85.

     b.  He did, on or about 8 Jul 85, receive  a  Letter  of  Warning
from the base commander due to two domestic disturbances while  living
in military family housing on 8 and 9 Jun 85, for which he received  a
LOR/UIF entry on 2 Dec 85.

     c.  He did, on or about 25  Nov  85,  fail  to  go  at  the  time
prescribed to his appointed place of duty without authority, for which
he received an Article 15 on 25 Nov 85.

     d.  He was, on or about 12 Dec 85, apprehended by Security Police
for driving under the influence and communicating a threat, for  which
he received a LOR/UIF entry on 18 Dec 85.

    e.  He did, on  or  about  4  Aug  84,  operate  a  vehicle  while
intoxicated, for which he received an LOR/UIF entry on 20 Aug 84.

On 3 Jan 86, the applicant  acknowledged  receipt  of  the  letter  of
notification.

On 13 Jan 86, the commander notified the applicant of  the  change  of
the reason for separation to Failure to Demonstrate the  Qualities  of
Leadership Required by the  Member’s  Grade.   After  consulting  with
legal counsel, the  applicant  acknowledged  receipt  of  the  amended
reason  for  separation  that  day,   waiving   his   rights   to   an
administrative discharge board and to submit  statements  in  his  own
behalf.

On 17 Jan 86, the case was found to  be  legally  sufficient  and  the
discharge authority approved the commander’s request  for  involuntary
discharge.

On 27 Jan 86, the applicant was furnished a General  (Under  Honorable
Conditions)   discharge   under   the   provisions   of   AFR    39-10
(Unsatisfactory Performance).  He was credited with 6 years, 4 months,
and 17 days of active service.

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



A copy of the FBI Report of Investigation  and  a  request  for  post-
service information was forwarded  to  applicant  on  31  Aug  09  for
comment within 30 days.  In response to the Board’s  request,  counsel
provides a  statement  reiterating  the  applicant’s  request  for  an
upgrade of his discharge (Exhibit E).
_________________________________________________________________

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 process.  Based on the available evidence of record,  it
appears the applicant’s General (Under Honorable Conditions) discharge
for unsatisfactory performance was  consistent  with  the  substantive
requirements of the discharge regulation and  within  the  commander’s
discretionary authority.  He has provided no evidence which would lead
us to believe the characterization of  his  service  was  improper  or
contrary to the provisions of the governing directive.  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.  In view of the foregoing, and in the
absence of evidence to the contrary, we conclude that no basis  exists
to  upgrade  the  applicant’s  General  (Under  Honorable  Conditions)
discharge.

_________________________________________________________________

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-
2009-02355 in Executive Session on 10 Nov 09, under the provisions  of
AFI 36-2603:

            XXXXXXXXXXXXXXXX, Vice Chair
            XXXXXXXXXXXXXXXX, Member
            XXXXXXXXXXXXXXXX, Member
The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2009-02355 was considered:

    Exhibit A.  DD Form 149, dated 26 Jun 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Letter, AFBCMR, dated 31 Aug 09, w/atch.
    Exhibit E.  Letter, DAV, dated 8 Sep 09, w/atchs.




                                   XXXXXXXXXXXXXXXXX
                                   Vice Chair