RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02269
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He would like to be able to receive all the benefits he is entitled to as a Veteran, including a VA loan.

The applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 19 November 1976, the applicant enlisted in the Regular Air Force at the age of 19 in the grade of airman (E-2) for a period of four (4) years.  He was progressively promoted to the grade of staff sergeant (E-5).

The following is a resume of his last five (5) Enlisted Performance Reports (EPRs), commencing with the report closing 21 May 1983:

		PERIOD ENDING	PROMOTION RECOMMENDATION

		21 May 1983		9
		21 May 1984		9
		10 Nov 1984		9
		10 Nov 1985		7
		15 May 1986		8

On 12 August 1982, he received an Article 15 for dereliction of duties.  For this incident, he was reduced to the grade of Airman First Class (suspended until 14 February 1983, unless sooner vacated) and forfeited $150.00.

On 2 August 1985, he received an Article 15 for wrongful use of marijuana.  For this incident, he was reduced to the grade of sergeant (E-4), and forfeited $200.00 per month for two months.

On 23 October 1985, his commander approved the recommendation by his supervisor that his NCO status be vacated.  He reverted to the rank of senior airman.  The applicant acknowledged receipt of the notification, and elected not to appeal the decision.

The applicant’s discharge case file is not a matter of record.  His separation document indicated that, on 16 May 1986, he was administratively discharged under the provisions of AFR 39-10 with an under other than honorable conditions discharge for misconduct-drug abuse.  He was credited with 9 years, 9 months and 26 days of total active duty service.

In response to the Board’s request, the FBI indicated they were unable to identify with an arrest record pertaining to the applicant on the basis of information furnished.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  DPPRS states the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and he provided no facts warranting a change to his change to his character of service.  DPPRS opines the discharge was within the discretion of the discharge authority.

The DPPRS’s evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was forwarded to the applicant for review and comment on 29 October 2004.  On 9 November 2004, the applicant was invited to submit information pertaining to his post-service accomplishments.  As of this date, this office has received no response (Exhibit D & 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 an error or injustice.  The discharge appears to be in compliance with the governing regulation 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 the 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 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 AFBCMR Docket Number BC-2004-02269 in Executive Session on 17 February 2005, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 28 July 04.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 21 Oct 04.
     Exhibit D.  Letter, SAF/MRBR, dated 29 Oct 04;
     Exhibit E.  Letter, AFBCMR, dated 9 Nov 04.