RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00328
		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:

He is requesting reenlistment into the Oregon Air National Guard.  He states that he was not furnished a copy of his DD Form 214 at the time of his separation (Exhibit A).

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 19 Dec 69; he separated and was transferred to the inactive Reserve on 6 Dec 73.  

He enlisted in the Air National Guard (ANG) on 6 Dec 74 and continued his military service until he was discharged on 15 Apr 97 from the Air National Guard and as a Reserve of the Air Force, with a general discharge for a pattern of misconduct and fraudulent entry.

The facts surrounding his discharge from the Air National Guard are unknown inasmuch as the complete discharge correspondence is not available.  The available record reflects that on 24 Dec 96, the Adjutant General (TAG) approved the recommendation of the wing commander to separate applicant with a general discharge, terminate him from his AGR tour and military affiliation with the wing and defer his retirement until age 60.  He requested the case be forwarded to the Secretary of the Air Force (SAF) for lengthy service probation (LSP) removal.  On 18 Feb 97, the Director, ANG supported the TAG’s recommendation that applicant be discharged from the ANG and as a Reserve of the Air Force and that he be separated with a general discharge.  On 24 Mar 97, the Director, Air Force Review Boards Agency advised that the SAF directed that the applicant’s approved administrative discharge pursuant to AFI 36-3209 be executed and that the SAF denied LSP.

Information extracted from the master personnel record reflects that the applicant received seven (7) letters of reprimand based on information received from an Air Force Office of Special Investigation (AFOSI) report, for the following offenses:

     (1)  From approximately Jan 94 until Jan 96, he misused government resources, by using government personnel, while on duty, to perform tasks for his own personal gain.  Essentially, he required government personnel to pound nails out of lumber and load the lumber into government vehicles to be taken to a private facility to be sold.  He sold the lumber and deposited the checks into his personal bank account.

     (2)  Between approximately Jan 95 and Aug 96, pursuant to the applicant’s direction and orders, government employees removed aluminum flooring from an Air National Guard (ANG) building, which was later sold by the applicant and deposited the proceeds into his own personal bank account.

     (3)  In Jan and Feb 96, applicant committed the offense of theft of government resources by hooking his personal recreational vehicle (RV) into the electrical sources at a government building, without authority.

     (4)  On or about Oct 89, applicant purchased a soda machine and without authority placed the machine in a building without obtaining a concession’s permit.  From approximately Jan 90 until Feb 96, he used government personnel, while on duty, to purchase sodas from the commissary to refill the machine.  During the six-year time frame, most, if not all, of the profits were deposited into the applicant’s credit union account.  Estimated profits ranged from $100 to $300 a week.

     (5)  From approximately 1991 until Feb 96, the applicant abused his position by soliciting T-shirt and sweatshirt orders from ANG personnel who were TDY, on government time; furthermore, he used government time to take the orders and pick up the orders using government vehicles.  During the six-year time frame, most, if not all, of the profits were deposited into the applicant’s personal account.

     (6)  From approximately Aug 94 until Sep 96, he used government employees, on government time, to assist in rebuilding his privately owned vehicle, used paint owned by the government to paint the vehicle, and government tools to repair the vehicle.

     (7)  From approximately Feb 94 to Feb 96, applicant utilized a government vehicle for his personal use, by running personal errands and to conduct non-authorized personal business and to travel to and from work.  On one occasion in Jan 96, the applicant had government employees, during duty hours, using government vehicles, help move his furniture and other belongings from an apartment into storage.  Also noted, the applicant was convicted of driving while intoxicated twice, which during one occasion, he was driving a government vehicle.

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AIR FORCE EVALUATION:

ANG/DPFP reviewed this application and recommended denial.  Based on the information provided in regard to applicant, they agree that he was discharged accordingly due to the many situations that could be construed as misconduct.

A complete copy of the 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 on 10 May 02 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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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 review of the limited discharge documentation available for our review, the applicant’s discharge appears to be in compliance with the governing AFI and we find no evidence to indicate that his separation from the Air National Guard and as a member of the Air Force Reserve was inappropriate.  We find no evidence of error in this case and after thoroughly reviewing the limited documentation that has been submitted in support of 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 the 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 this application AFBCMR Docket Number 02-00328 in Executive Session on 13 September 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Jan 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPFP, dated 3 Apr 02.
    Exhibit D.  Letter, SAF/MRBR, dated 10 May 02.