RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03926

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since leaving the Air Force in 1987 he has not been in any trouble.  His complete application is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 31 October 1983.  The applicant was involuntarily discharged under the provision of AFR 39-12 (Misconduct - Pattern of Minor Disciplinary Infractions) with service characterized as general (under honorable conditions) on 29 January 1987 in the grade of airman first class.  He served 3 years, 2 months and 29 days of active service.

On 16 January 1987, the applicant was notified by his commander that he was recommending applicant for a discharge for a pattern of minor disciplinary infractions and recommended a general discharge.  Basis for the action was the applicant received two Article 15s, for striking another airman on 9 March 1986 and     29 November 1986.  Punishment included reduction to airman (suspended until 18 September 1986), forfeiture of $200 per month for 2 months and correctional custody for 30 days.  After the second incident, his suspended reduction was remitted and he forfeited $150.  In addition to the Article 15s, he was counseled both formally and informally regarding his deficiencies; but he failed to improve.  Applicant waived his right to consult with counsel and submit statements.  The base legal office reviewed the discharge package and found it legally sufficient to support the discharge.  His commander did not recommend probation or further rehabilitation.  The Discharge Authority approved the separation and ordered a general discharge without probation and rehabilitation on 26 January 1987.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  Based on the documentation in the file, DPPRS believes the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the discretion of the discharge authority.  Applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge proceedings.  The applicant provided no facts warranting an upgrade of the discharge.

AFPC/DPPRS complete evaluation is attached at Exhibit C.

AFPC/DPPAE stated that the applicant’s requests his Reenlistment Eligibility code 2B “Involuntarily separated with a general or under other than honorable conditions discharge” be changed to allow him to enlist in the Air Force Reserve.  We conducted a review of the applicant’s case file.  The applicant was discharged from the Air Force on 29 January 1987 under the provisions of AFR 39-10 (Misconduct-Pattern of Minor Disciplinary Infractions) with a general (under honorable conditions) discharge.  The Reenlistment Eligibility (RE) code 2B is correct.

AFPC/DPPAE complete evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 14 February 2003, for review and comment within 30 days.  As of this date, no response has been received by this office.

_________________________________________________________________

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, the Board excused the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After reviewing the evidence of record, it appears that applicant’s discharge was in accordance with the applicable regulation.  Based on this determination, the only other basis upon which to recommend an upgrade of his discharge would be based on clemency.  However, applicant has failed to provide documentation pertaining to his post service activities.  If he can provide such documentation, we would be willing to reconsider his application.  In view of our above findings, we find no basis upon which to recommend favorable action on this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a 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-2002-03926 in Executive Session on 6 May 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 5 Dec 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 14 Jan 03.
	Exhibit D.	Letter, AFPC/DPPAE, dated 10 Feb 03
	Exhibit D.	Letter, SAF/MRBR, dated 14 Feb 03.