RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03243

		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 would like his discharge changed or upgraded to honorable because he is trying to apply for a job with the Brozos County Texas Sheriffs’ Office.  His complete application is at Exhibit A.
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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 17 February 1984.  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 8 August 1985 in the grade of airman basic.  He served 1 year, 5 months and 22 days of total active military service.

On 8 July 1985, the applicant was notified by his commander that he was recommended for discharge due to minor disciplinary infractions.  On 24 August 1984, the member received a letter of counseling (LOC) for failure to go to two in-processing appointments.  On 31 August 1984, the applicant received a LOC for failure to complete his career development course material, as well as failing to obey his supervisor.  On 2 November 1984, the applicant was verbally counseled on the importance of presenting a professional image.  On 20 February 1985, the member received an LOC for failure to report an accident and failure to report to duty on time.  On 1 April 1985, the member failed to go to his appointed place of duty and on 1 April 1985, he violated a lawful regulation.  For these offenses, the applicant received an Article 15 with 14 days correctional custody.

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AIR FORCE EVALUATION:

AFPC/DPPRSP recommended denial.  Based on the documentation in the file, they believe 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.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge proceedings.  Additionally, the applicant provided no facts warranting an upgrade of the discharge.  Accordingly, they recommend his records remain the same and the request be denied.  However, a new DD Form 214, Certificate of Release or Discharge from Active Duty, was issued to correctly identify his type of separation as general (under honorable conditions) and not just general.  He has not filed a timely request.  

AFPC/DPPRS complete evaluation is attached 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 31 October 2003, for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 that failure to timely file.

3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting an upgrade in his discharge.  The records reflect that the commander initiated administrative actions based on information he determined to be reliable and that administrative actions were properly accomplished.  The applicant was afforded all rights granted by statute and regulation.  We are not persuaded by the evidence presented that the commander abused his discretionary authority when he imposed the discharge action, and since we find no abuse of that authority, we find no reason to overturn the commander’s decision.  Therefore, in the absence of evidence to the contrary, 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 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.

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The following members of the Board considered Docket Number BC-2003-03243 in Executive Session on 9 December 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 7 Jul 03.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRSP, dated 22 Oct 03.
	Exhibit D.	Letter, SAF/MRBR, dated 31 Oct 03.