RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00235
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded to honorable and his reenlistment eligibility (RE) code be changed.

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APPLICANT CONTENDS THAT:

There was no error.  However, he is asking for a second chance at doing better for himself and his dependents.

In support of the appeal, applicant submits three character references.

Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 5 March 1980 for a period of four years.  He was progressively promoted to the grade of airman (E-2) on 3 September 1980 and the grade of Airman First Class (E-3) on 3 March 1981.  He received two Airman Performance Reports (APRs) closing 8 April 1981 and 3 September 1981, which the overall evaluations were “8” and “7.”

On 19 October 1981, applicant’s commander notified him that he was recommending his discharge for apathy, defective attitude and inability to expend effort constructively.  Basis for the action:  On 19 March 1981, a Record of Counseling (ROC) for departing his duty station without permission.  On 24 March 1981, a ROC for lying to his supervisor to obtain time off.  On 11 May 1981, a ROC for cashing a check with insufficient funds in his account.  On 1 September 1981, a Letter of Reprimand (LOR) for cashing six checks which were dishonored and returned for insufficient funds.  On 10 September 1981, a dishonored check notification for writing a check with insufficient funds to cover the amount of the check.  On 15 September 1981, a ROC for failing to comply with an order to update his section locator.  On 30 September 1981, an Article 15 for absenting himself from his place of duty without authority, from 16 September 1981 to 18 September 1981, and failing to go to his place of duty on 14 September 1981.  Punishment consisted of a reduction in grade to airman (E-2) and forfeiture of $100.  On 10 November 1981, an Article 15 for failing to go to his place of duty at the appointed time on 5 November 1981.  Punishment consisted of forfeiture of $100.  The base legal office reviewed the case and found it legally sufficient to support the discharge and recommended an under honorable conditions (general) discharge without probation and rehabilitation (P&R).  The discharge authority approved the separation and ordered an under honorable conditions (general) discharge without P&R.

The applicant was discharged from the Air Force on 11 December 1981 under the provisions of AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program (unsuitability - apathy, defective attitude) and received an under honorable conditions (general) discharge.  He served one year, nine months and seven days on active duty.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on the basis of the data furnished they were unable to locate an arrest record, which is at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS states that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.  Therefore, they recommend denial of the applicant’s request.

A complete copy of the evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that he makes no excuses nor does he deny any of the facts concerning his general discharge.  He is asking for forgiveness and another chance.  He explains he had a severe drug dependency problem from 1978 until 1990.  During this time he failed to see the value of the military, education, family, and life itself.  He wishes he could take back those years he caused so much pain.  Since 1990 he has become a productive part of our wonderful society.  His wife struggled with him through the bad times and today she is glad she did.  They have four productive children and 24 years of marriage.  While in Basic Training he received the Trainee of the Week Award.  The pride and discipline he showed to win this award is the way he lives today.  Thanks to the Air Force he works as an Electronic Maintenance Engineer.  He can not take back his awful past but with an honorable discharge he would continue his education, making better the future.  This would be the best amends he could make.  He would be better for himself, family and our country.  He loves electronics and desires to design some awesome technologies.  He has already designed application specific circuits and with added education he will be able to take his design work to the next level, building upon the education the Air Force gave him.  He is asking for the opportunity to do now what he did not understand in the past.  He wants to become a useful part of our society.  He asks that he please be forgiven for the wrong he has done.

Applicant's complete response, with attachment, 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 probable error or injustice.  After reviewing the evidence presented, we are not persuaded that the applicant’s records are in error or that he has been the victim of an injustice.  The applicant requests his discharge be upgraded based on the clemency consideration of a successful post service adjustment.  While the applicant has provided some evidence to support his assertion, on balance, we do not believe that clemency is warranted at this time.  Our findings in this matter are based on the short period of time the applicant served, the seriousness and multiplicity of his infractions against the good order and discipline of the service, and the paucity of evidence he has provided concerning his post service activities.  In the absence of more expansive evidence showing that the applicant has maintained the standards of good citizenship and has been a useful and productive member of society over an extended period of time, we find no basis on which to favorably consider his request.

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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 6 May 2004, under the provisions of AFI 36-2603:

The following documentary evidence for AFBCMR Docket Number BC‑2004-00235 was considered:

	Exhibit A.	DD Form 149, dated 22 Jan 04, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	FBI Report.
	Exhibit D.	Letter, AFPC/DPPRS, dated 9 Mar 04.
	Exhibit E.	Letter, SAF/MRBR, dated 12 Mar 04.
	Exhibit F.	Applicant’s Response, dated 20 Mar 04.

					Panel Chair