RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-03868
								INDEX CODE:  110.00

								COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  6 DECEMBER 2006

___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant makes no contentions. 

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 23 Sep 80, for a period of four years in the grade of airman first class.  His highest grade held was senior airman.

Applicant’s Airman Performance Report (APR) profile follows:

	PERIOD ENDING			OVERALL EVALUATION

	11 Aug 81			        7
	 8 Feb 82			        9
	 8 Feb 83			        8

Applicant received Article 15 punishment on 20 Apr 81, for wrongful use and possession of marijuana; punishment imposed was a 14-day restriction to base, forfeiture of $125, and a suspended reduction in grade to airman.

Applicant received Article 15 punishment on 30 Mar 83, for operating a passenger car on base near the taxiway while drunk; punishment imposed was reduction in grade to airman first class.

On 20 Apr 83, applicant’s squadron commander notified him that he was recommending he be discharged from the Air Force for a pattern of misconduct.  He recommended the applicant receive an under honorable conditions (general) discharge based on his discreditable involvement with military or civil authorities, citing the incidents for which the applicant received the above cited Article 15 punishments.  Other cited disciplinary action was applicant’s receipt of a Letter of Reprimand on 22 Mar 83, for possession of marijuana in Jan 83.

The Assistant Staff Judge Advocate reviewed the case and found it to be legally sufficient and recommended a general discharge without probation and rehabilitation.  On 2 May 83, the discharge authority approved the discharge and directed a general discharge.

On 5 May 83, applicant was discharged in the grade of airman first class, under the provisions of AFR 39-10, by reason of misconduct – pattern of discreditable involvement with military or civil authorities, and given a general discharge.  He was credited with 2 years, 7 months, and 13 days of active military service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied, and states, in part, based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.

The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  Additionally, the applicant provided no facts warranting a change to his character of service.

A complete copy of the Air Force evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 Jul 05, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  To date, a reply has not been received by this office (Exhibit D).

___________________________________________________________________

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 available evidence, the discharge appears to be in compliance with the governing regulations in effect at the time and we find no evidence to indicate that the applicant’s 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.  In addition, the applicant has not provided any documentation concerning his post-service activities and accomplishments for us to conclude that the characterization of his service should be upgraded to fully honorable based on clemency.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider his request.

___________________________________________________________________

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 Docket Number BC‑2004-03868 in Executive Session on 11 August 2005, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 May 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 5 Jul 05.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Jul 05.