RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-00014
INDEX CODE:  110.02
	XXXXXXXXXXXXXXX				COUNSEL: NONE

	XXXXXXXXXXX					HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT: 

His general discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He would like his discharge upgraded so he could obtain GI Bill benefits to complete his educational goals.

The applicant provided no evidence in support of his appeal.  The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 28 July 1986, the applicant enlisted in the Regular Air Force at the age of 18 in the grade of airman basic (E-1) for a period of four years.  He was trained in the Air Force Specialty Code (AFSC) 811X0, Security Specialist career field.  The applicant was promoted to the grade of airman (E-2) effective 28 January 1987.  He received one referral performance report for the period 28 July 1986 through 4 August 1987, with an overall rating of seven.

The applicant had 22 incidents of financial irresponsibility over the period 6 January 1987 through 16 September 1987.  The applicant also received four letters of reprimand and four written counselings from the period 2 May 1987 to 28 June 1987.  On 5 November 1987 the applicant received an Article 15 punishment for failure to pay a just debt.  On 5 November 1987, his commander notified the applicant that he was recommending the applicant for a general (under honorable conditions) discharge under AFR 39-10, paragraph 5-46 (minor disciplinary infractions) for misconduct.  The applicant acknowledged receipt, consulted counsel and submitted statements to his commander on 17 November 1987.  The assistant staff judge advocate found the file legally sufficient on 5 November 1987.  On 25 November 1987, the discharge authority approved the recommended separation and directed that the applicant be discharged with a general (under honorable conditions) discharge without probation and rehabilitation.  The applicant was discharged effective 14 December 1987 with a general (under honorable conditions) characterization of service.  He had served 1 year, 4 months and 17 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states the applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation in affect at that time.  Additionally, the discharge was within the discretion of the discharge authority.  The DPPRS 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 27 January 2003 for review and response (Exhibit D).  As of this date, this office has received no response.

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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 probable error or injustice.  The applicant did not provide persuasive evidence showing the information in the discharge case was erroneous, his substantial rights were violated, or that his commanders abused their discretionary authority.  The characterization of discharge which was issued at the time of the applicant’s separation accurately reflects the circumstances of his separation and we do not find the characterization of discharge to be in error or unjust.  In view of the foregoing, we conclude that no basis exists upon which to recommend favorable action on his request.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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 in Executive Session on 14 May 2003, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number BC-2003-00014 was considered:

	Exhibit A.  DD Form 149, dated 19 Dec 2002.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPRS, dated 27 Jan 2003.
	Exhibit D.  Letter, SAF/MRBR, dated 7 Feb 2003.