RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-03866
		INDEX CODE:  110.00
		COUNSEL: NONE

		HEARING DESIRED:  NO
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APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded to an honorable discharge.
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APPLICANT CONTENDS THAT:

It has been 20 years since he was discharged.

Applicant's complete submission is at Exhibit A.
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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 5 Feb 86 for a period of four years.

On 7 Apr 87, the applicant’s commander notified him that he was recommending his discharge from the Air Force for minor disciplinary infractions and drug abuse.  The specific reasons for the discharge action were:

a.	On 9 Jun 86, the applicant received an Article 15 with an Unfavorable Information File (UIF) for wrongfully possessing alcoholic beverages in the dormitory.  His punishment consisted of forfeiture of pay and correctional custody.

	b.	On 22 Sep 86, the applicant received a Letter of Counseling (LOC) for failing to report at the prescribed time to a military doctor and his appointed place of duty

	c.	On 9 Oct 86, the applicant received a Letter of Reprimand (LOR) for a traffic violation (speeding) on or about 26 Sep 86.

	d.	On 10 Oct 86, the applicant received an LOR for a traffic violation (speeding) on or about 10 Oct 86.

	e.	On 15 Oct 86, the applicant received an LOC for failing to go at the time prescribed to commander’s call.

	f.	On 19 Nov 86, the applicant received an LOC for failing to go a scheduled dental appointment.

	g.	On 18 Nov 86, the applicant received an LOC for failing to go at the prescribed time to his appointed place of duty.

	h.	On 28 Jan 87, the applicant received an LOC for failing to go at the prescribed time to his appointed place of duty.

	i.	On 20 Mar 87, the applicant received an LOR for testing positive for marijuana.

	j.	On 27 Mar 87, the applicant received an LOR for wrongful use of cocaine.

His commander advised him of his rights in this matter.

The applicant acknowledged receipt of the notification of discharge and after consulting with legal counsel submitted a conditional waiver of his rights associated with an administrative discharge hearing contingent upon receiving no less than an general (under honorable conditions) discharge.

On 21 Apr 87, a legal review was conducted in which the staff judge advocate recommended the applicant’s conditional waiver be accepted and he be discharged with a general discharge.

On 24 Apr 87, the discharge authority directed discharge with a general discharge without probation and rehabilitation.

The applicant was discharged on 28 Apr 87.  He served a total of 1 year, 2 months and 24 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C.  On 22 Jan 08, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

On 22 Jan 08, a request for information pertaining to his post-service activities was forwarded to the applicant for response 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.  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 processing.  Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority.  The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  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 AFBCMR Docket Number BC-2007-03866 in Executive Session on 13 Feb 08 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-03866 was considered:

	Exhibit A.	DD Form 149, dated 13 Nov 07, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	FBI Investigative Report.
	Exhibit D.	Letter, SAF/MRBC, dated 22 Jan 08.
	Exhibit E.	Letter, SAF/MRBC, dated 22 Jan 08.