RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01381
		INDEX CODE:  110.02

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was given a general discharge due to sharing an apartment with a roommate who was arrested for drug possession.  He was not given a test to verify that he was not a drug abuser; he was discharged just because he was living with him.  He was not a drug user and no charges were ever pressed against him.

Since his discharge he has been married for 34 years, raised a family, and has worked continuously.  He has had no infractions with the law since his discharge and he served our nation proudly in Viet Nam.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 6 Dec 67, applicant enlisted in the Regular Air Force in the grade of airman basic for a period of four years.  Prior to the events under review, he was promoted to the grade of sergeant with an effective date and date of rank of 1 Jan 70.  He was awarded the Purple Heart Medal and the Air Force Good Conduct Medal during this enlistment.  He reenlisted on 26 May 71 for a period of four years.  

On 22 Jul 71, applicant received a letter of counseling for failing to report on time.

On 27 Apr 72 and 1 May 72, he received letters of counseling for non-compliance with AFR 35-10 standards.

On 11 May 72, applicant received a record of counseling for frequent failure to report on time.

On 11 Aug 72, he received a letter of counseling concerning a delinquent account.

On 5 and 6 Sep 72, his section received two letters from HQ AAVS/DOPT regarding applicant’s unacceptable behavior.

On 30 Oct and 2 Nov 72, he received letters of reprimand for having an improper haircut.

On 31 Oct 72, he received a letter of counseling for haircut standards.

On 21 Nov 72, he was convicted by a civil court for possession of marijuana on 28 Sep 72.  He was placed on two years of probation and fined $250.  

On 8 Dec 72, the squadron commander initiated administrative discharge action against the applicant due to apathy, defective attitude and inability to expend effort constructively. The specific reasons were based on the incidents cited above.  On that same date, applicant acknowledged receipt of the discharge notification and that military counsel was available to him.  On 11 Dec 72, he waived his right to appear before an administrative discharge board and to submit statements in his own behalf.  On 20 Dec 72, the group Staff Judge Advocate found the case legally sufficient for a general discharge, without probation and rehabilitation (P&R).  On 22 Dec 72, the discharge authority directed the applicant be discharged without P&R, and that he be issued a DD Form 257AF, General Discharge Certificate.

On 26 Dec 72, applicant was discharged under the provisions of AFM 39-12, with service characterized as general (under honorable conditions).  He was credited with 5 years and 21 days of active duty service (excludes 3 days of lost time due to confinement in civilian jail).

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 31 July 2003, that, on the basis of data furnished, they are unable to locate an arrest record (Exhibit C).

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based on available documentation in the file, they found the discharge consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the sound discretion of the discharge authority.  They also noted applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing and provided no other facts warranting a change to his character of service.  

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 28 May 04 for review and comment within 30 days.  As of this date, no response has been received by this office (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.  The discharge appears to be in compliance with the governing manuals and we find no evidence to indicate that his separation from the Air Force was inappropriate.  We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of applicant's appeal, we do not believe he has suffered from an injustice.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider 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 AFBCMR Docket Number BC-2004-01381 in Executive Session on 1 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Apr 04. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation, dated 6 Aug 04.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 18 May 04.
    Exhibit E.  Letter, SAF/MRBR, dated 28 May 04.