RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00594
		INDEX NUMBER:  110.00
	XXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	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 was 18 years old and was simply immature.  He committed minor disciplinary infractions.  He is now 35 years old and has held some very important jobs.  He is seeking admittance into the Air National Guard and has been advised that he needs to upgrade his discharge status to honorable.

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

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STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 4 Nov 85.  On 28 May 87, the applicant’s squadron commander notified him that he was recommending his discharge from the Air Force for minor disciplinary infractions.  He also recommended that the applicant’s service be characterized as general.  The applicant acknowledged receipt of the commander’s notification on 28 May 87 and indicated that he had consulted counsel and elected to waive his right to submit statements in his behalf.  The applicant’s squadron commander recommended to the air base group commander on 28 May 87 that the applicant be discharged from the Air Force for minor disciplinary infractions with a general discharge.  On     2 Jun 87, the base staff judge advocate found the discharge case legally sufficient and recommended to the air base group commander that the applicant be discharged with a general discharge without an offer of probation and rehabilitation.  On   4 Jun 87, the applicant’s discharge was approved with a general discharge without offer of probation or rehabilitation.  The applicant was discharged on 9 Jun 87.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the applicant’s request.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no other facts warranting an upgrade of the discharge.

The complete evaluation is at Exhibit C.

AFPC/DPPAE reviewed the applicant’s Reenlistment Eligibility code of “2B,” “separated with a general or under-other-than-honorable-conditions (UOTHC) discharge” and determined that it is correct.

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the Air Force evaluations, the applicant states that he is not disputing the legality or legitimacy of his discharge and fully acknowledges the noted incidents.  However, he disagrees with the assertion that the commander recommended him for a discharge and that he was involuntarily discharged.  He states that he had requested the discharge a couple of months prior to it taking place.  The applicant indicates that he is asking for a bit of humanity and understanding, since he was only an 18-year-old kid who did not know a good thing when he had it.  The applicant reiterates that it has been 18 years since he was discharged and he now knows where he stands.

The applicant’s complete response is at Exhibit F.

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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.  We took notice of the applicant's complete submission in judging the merits of the case.  However, the Board notes that although the applicant makes reference to his accomplishments since leaving the Air Force, he has not provided sufficient evidence of his post-service activities warranting an upgrade of his discharge.  In that regard, we recommend that he be furnished a copy of the information bulletin on upgrade of discharge--clemency for his consideration and use.  In the alternative, the applicant may wish to consider submitting an application requesting a change of his Reenlistment Eligibility (RE) code to a waiverable code that would allow him to apply for reentry into the Air Force.  However, in regards to the request before the Board at this time, we find no compelling basis to recommend granting the relief sought in this 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 Docket Number BC-2003-00594 in Executive Session on 19 June 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPRS, dated 6 Mar 03.
    Exhibit D.  Memorandum, AFPC/DPPAE, dated 14 Apr 03.
    Exhibit E.  Letter, SAF/MRBR, dated 15 Apr 03.
    Exhibit F.  Letter, Applicant, dated 25 Apr 03.

                                   
                                   Panel Chair