RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-02590
							INDEX CODE:  110.00
    							COUNSEL:  None
    							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:

Seven years from date of discharge, a one-level upgrade can be approved.   

Applicant submits no supporting documentation.  Applicant’s submission is at Exhibit A.

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STATEMENT OF FACTS:

On 25 November 1980, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) for a period of 4 years.  He was progressively promoted to the grade of airman (E-2), with a date of rank of 4 September 1981.  He was reduced to the grade of airman basic (E-1), with a date of rank of 12 November 1981, pursuant to an Article 15.  He received two Airman Performance Reports closing 24 November 1981 and 24 November 1982, in which the overall evaluations were 8.

On 30 June 1981, he received two letters of counseling for failure to attend a dental appointment and a records review.  

On 20 October 1981, he was charged with having possession of a controlled substance to wit: marijuana.  For this incident, punishment under Article 15, Uniform Code of Military Justice (UCMJ), was imposed.  He received a reduction to airman basic and $250 per month for two months forfeiture of his pay.  

On 14 January 1982, he received a letter of reprimand for failure to attend a scheduled dental appointment.  

On 15 April 1982, he received a letter of counseling for failure to attend a scheduled training.  

On 23 July 1982, he received a letter of counseling for traffic violations on base.

On 9 July 1982, he received a letter of reprimand for failing dormitory inspection.  

On 17 December 1982, the applicant’s commander initiated discharge proceedings against him under the provisions of AFR 39-10, paragraph 5-46b, for a pattern of misconduct.  The applicant was notified of his commander’s recommendation and that a general discharge was being recommended.  He was advised of his rights and he waived his right to counsel and to submit statements in his own behalf.  In a legal review of the discharge case file, the deputy staff judge advocate found it legally sufficient and recommended that he be discharged from the Air Force with a general discharge and concurred with the commander that the applicant not be considered for probation and rehabilitation.  On 28 December 1982, the discharge authority directed that he be discharged with a general under honorable conditions discharge.  Subsequently, the applicant was discharged under the provisions of AFR 39-10 (Misconduct – Pattern of Minor Disciplinary Infractions) and received a General (Under Honorable Conditions) discharge.  He served 2 years, 1 month, and 12 days on active duty. 

Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, indicated that on the basis of the data furnished, they were unable to locate an arrest record.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS states that based upon the documentation in the file, they conclude that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and that the applicant did not identify any errors or injustices in the discharge processing.  The Air Force evaluation is at Exhibit C.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded by stating he has been steadily employed since his discharge.  He is currently seeking employment with the Federal government or state.  He continues to strive to better himself and does not indulge in any type of illegal drugs.  

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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.  After careful consideration of the applicant’s request and the available evidence of record, we see no evidence that the information in his discharge case file is erroneous, his substantial rights were violated, or that his commanders abused their discretionary authority.  Applicant’s contentions and supporting statements were noted. However, the limited evidence provided, in our estimation, is not of a sufficient quality and quantity to warrant the approval of the requested relief.    However, should the applicant provide evidence pertaining to his post service activities, testimonials of friends and responsible citizens who know him, he may, of course, submit a request for clemency at a later time.  

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 16 November 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered for AFBCMR Docket Number BC-2004-02590:

     Exhibit A.  DD Form 149, dated 14 Aug 04 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 10 Sep 04.

     Exhibit D.  Letter, SAF/MRBR, dated 17 Sep 04.
     Exhibit E.  Letter, Applicant, 30 Oct 04.