RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2003-00586
		INDEX CODE 106.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His 1987 general discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He was immature and foolish when he was in the Air Force and is ashamed of his behavior that led to the discharge. After he had two driving under the influence (DUI) incidents following his discharge, he realized he was on a path of destruction. He has changed his life over the past 16 years. He received treatment, removed alcohol from his life, and remained sober for over 15 years.  He has worked at Boeing Commercial Aircraft Company for 15 years and advanced in position. He has had custody of his son for the past 12 years, raising him alone and caring for him throughout serious medical situations. He apologizes for his conduct, but he has honestly learned from his mistakes.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 30 Dec 85 and was assigned to the 19th Field Maintenance Squadron (19 FMS) at Robins AFB, GA, as an airframe repair specialist.

His Enlisted Performance Report (EPR) for the period 20 Dec 85 through 29 Dec 86 has an overall rating of 8.

On 15 Aug 86, the applicant received a Letter of Reprimand (LOR) for damaging a dormitory carpet when he spray-painted an item on it on 13 Aug 86.

A Record of Counseling (ROC) dated 19 Aug 86 indicates police detained the applicant at a public place on 16 Aug 86 for his underage drinking. He received another ROC on 10 Sep 86 for not maintaining his dorm room in inspection order on 8 Sep 86 and unlawfully storing a can of turpentine in his locker. 

On 16 Sep 86, the squadron commander imposed nonjudicial punishment on the applicant in the form of a 30-day restriction to the base and a reduction from airman to airman basic, suspended until 15 Mar 87. The applicant’s offenses were wrongfully leaving base on or about 29 Aug 86 prior to commencement of his leave on 2 Sep 86, failing to return to base on 5 Sep 86 and ending his leave in the local area, and making a known false statement to the commander on 9 Sep 86 that he had departed the base around 2400 hours on 1 Sep 87.  The applicant consulted counsel and submitted a written presentation, without a personal appearance. He did not appeal the Article 15, which was filed in his Unfavorable Information File (UIF).

On 23 Sep 86, the applicant was denied the Air Force Good Conduct Medal (AFGCM) because of the Article 15.

On 18 Nov 86, the applicant was warned that he had accumulated eight traffic points since 13 Sep 86 and that future disregard for base traffic rules would result in loss of on-base driving privileges.

On 19 Mar 87, the applicant was advised he would not be recommended for promotion to airman first class for six months because he was not making satisfactory progress in on-the-job (OJT) upgrade training to the five-skill level.

On 8 Apr 87, the commander notified the applicant of his intent to recommend a general discharge for the incidents that triggered the LOR, the two ROCs, and the Article 15. The commander also cited the applicant for having a party in his dorm room on 20 Mar 87 during which time he unlawfully consumed alcohol and had two female guests in his room after 2400 hours. The applicant consulted counsel and on 15 Apr 87 provided a written response and four supporting statements from supervisors and co-workers.

On 15 Apr 87, the commander recommended the applicant be separated with a general characterization of service. The commander indicated the applicant had received an LOR for the dorm room incident on 20 Mar 87, which prompted the AFR 39-10 action. The commander did not recommend probation and rehabilitation (P&R).

The case was found legally sufficient on 21 Apr 87; a general discharge without P&R was recommended.

On 22 Apr 87, the discharge authority approved the separation and on 28 April 87 the applicant was discharged for misconduct (minor disciplinary infractions) in the grade of airman with 1 year, 3 months and 29 days of active service and a general characterization.

Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Washington, D.C., provided an investigative report, which confirms the applicant’s admitted two DUI incidents and is attached at Exhibit C.  

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS believes the discharge was consistent with the procedural and substantive requirements of the discharge regulation and within the discretion of the discharge authority. The applicant has provided no new evidence or facts of error or injustice warranting an upgrade. Therefore, denial is recommended.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided letters with regard to his character and post-service activities. He also included a post-service employment history.

A complete copy of applicant’s response, with attachments, is at Exhibit G.

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of an injustice to warrant upgrading the applicant’s general discharge. No evidence has been presented which would lead us to believe his discharge was improper or contrary to the directive under which it was effected. Nevertheless, we note the applicant blames no one but himself for his misconduct and seems genuinely remorseful. Given his successful transition to civilian life, as evidenced by the post-service documentation he provided indicating he has been a law-biding citizen and a hard-working, responsible single parent, we are of the opinion that upgrading his discharge on the basis of clemency would be appropriate. In view of the applicant’s apparent rehabilitation, requiring him to continue bearing the stigma of his youthful transgressions would seem unjust. Accordingly, we recommended the applicant’s general discharge be upgraded to honorable.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to show that, on 28 April 1987, he was honorably discharged and furnished an Honorable Discharge certificate.  

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The following members of the Board considered this application in Executive Session on 8 July 2003 under the provisions of AFI 36-2603:

			Chair
			Member
			Member

All members voted to correct the records, as recommended.  The following documentary evidence relating to AFBCMR Docket Number BC-2003-00586 was considered:

   Exhibit A.  DD Form 149, dated 7 Feb 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 11 Mar 03.
   Exhibit E.  Letter, SAF/MRBR, dated 21 Mar 03.
   Exhibit F.  Letter, AFBCMR, dated 2 May 03
   Exhibit G.  Letter, Applicant, dated 17 May 03, w/atchs.

                                   
                                   Chair

AFBCMR BC-2003-00586

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to XXXXX  be corrected to show that, on 28 April 1987, he was honorably discharged and furnished an Honorable Discharge certificate.  

	                                                                          
	                                                                          Director
	                                                                          Air Force Review Boards Agency