RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-03922
								INDEX CODE:  106.00
								COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He and his supervisor had a conflict of interest.

In support of his appeal, he has provided copies of his DD Form 214 and six character references.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered the Regular Air Force (RegAF) on 3 November 1972, and served as an avionics instrument systems specialist until his discharge.  

On 15 April 1975, the applicant was notified of his commander's intent to recommend him for a general discharge for apathy and defective attitude.  Citing poor duty performance and failure to complete a drug rehabilitation program, the commander stated the following reasons for the proposed discharge:         

a.	The applicant’s failure to go on or about 5 and 8 February 1973, for which he received an Article 15.  Punishment consisted of restriction to the limits of Chanute AFB, IL, for fourteen days.

b.	His conviction by a Civil Court on 8 August 1974 for using marijuana.  The sentence imposed was six months probation, payment of a fine and costs of $125.00 within six months, payment of $5.00 a month oversight fee, prohibited use of controlled substances, working four eight-hour days for the city of Marquette, and five days in jail.
c.	His failure to go on or about 5 November 1974, for which he received an Article 15.  Punishment consisted of forfeiture of $50.00 and reduction to the grade of airman first class, suspended until 1 May 1975.

d.	His failure to satisfactorily complete a Drug Rehabilitation Program.

The commander advised the applicant of his rights, and after consulting with counsel, the applicant, in an undated statement, indicated his desire for a hearing before an administrative discharge board.  The Board of Officers convened on 20 May 1975, and found the applicant had a defective attitude and apathy, and recommended that he be discharged for unsuitability with a general discharge characterization.  The findings and recommendations of the Board were approved on 10 June 1975.

A legal review was conducted on 16 June 1975, in which the staff judge advocate recommended the Board’s recommendations be approved and the applicant be discharged with a general discharge characterization.

On 3 July 1975, the applicant was discharged in the grade of sergeant (E-4) under the provisions of AFR 39-21, with an under honorable conditions (general) service characterization.  He served a total of 2 years, 8 months, and 1 day of total active service.

The applicant’s Airman Performance Report (APR) profile follows:

		PERIOD ENDING				EVALUATION

		 1 Sep 1973					8
		 1 Sep 1974					5
		 4 Dec 1974					5
		 4 Mar 1975					3 (referral)

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report which is at Exhibit C.  On 29 January 2008, a copy of the FBI report and a request for post-service information were forwarded to the applicant for review and comment within 30 days.  However, 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 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.  We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.

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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 Docket Number BC-2007-03922 in Executive Session on 13 March 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Nov 07, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  USDOJ FBI Report, dated 9 Jan 08.
    Exhibit D.  Letter, AFBCMR, dated 29 Jan 08, w/atchs.