RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02213
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

A small hydraulic jack was found in the trunk of his car.  He was young, dumb, and stupid.

Applicant did not provide any documents in support of the appeal.

Applicant's complete submission is attached at Exhibit A. 

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 4 September 1974 in the grade of airman basic for a period of six years.  He was promoted to the grade of airman first class on 17 October 1974, and the grade of senior airman on 1 August 1976.  He received two Airman Performance Reports (APRs) closing 29 May 1975 and 29 May 1976, in which the overall evaluations were “9” and “6.”

He received nonjudicial punishment under Article 15, dated 15 April 1977, for failure to go to appointed place of duty on 29 and 30 March 1977 and disobeying a lawful order.  Punishment consisted of reduction to airman first class.  He did not appeal the punishment.

Applicant’s Chronological Record of Medical Care indicates he had an alcohol/drug abuse interview on 12 November 1976.  On 27 April 1977, he underwent a physical examination for the purpose of separation under AFR 39-12.  In the Notes Section, it was indicated the applicant reported numerous instances of illegal drug use.

The applicant, while serving in the grade of Airman First Class, was separated from the Air Force under other than honorable conditions (UOTHC) on 27 May 1977.  His SPD reveals separation under the provisions of AFR 39-12, Section F, Request for Discharge in Lieu of Trial by Courts-Martial.  He was assigned an RE code of 2P which reveals separation under the provisions of AFR 39-10 as marginal performer or to preserve good order ahd discipline.  He served 2 years, 8 months and 22 days of total active service.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, provided an investigative report which is attached at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the discretion of the discharge authority.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 October 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days and on 5 November 2003, a copy of the FBI Report was forwarded for review and response within 14 days.  As of this date, no response has been received by this office.

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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 agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered this application in Executive Session on 17 December 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 2 Sep 03.
	Exhibit B.	Applicant's Available Personnel Records.
	Exhibit C.	FBI Report.
	Exhibit D.	Letter, AFPC/DPPRS, dated 29 Sep 03.
	Exhibit E.	Letter, SAF/MRBR, dated 10 Oct 03.
	Exhibit F.	Letter, AFBCMR, dated 5 Nov 03.