RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01818
		INDEX CODE:  110.01
		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 was not the best airman serving in the Air Force, however since that time he has served in the Michigan National Guard from February 2000 to May 2001.  He has also served in the United States Army from June 2001 to September 2004, and received three Army Achievement Medals, two Letters of Recognition, and one Certificate of Achievement.  He will soon receive his first Good Conduct Medal for three years of meritorious service.  He has served one tour overseas in Korea where he was instrumental in his unit receiving the Award for Food Service Excellence, and placing third in the Army worldwide competition.  He is working on his Associate’s Degree in Culinary Arts, and is an active member in both his home church in and where he is presently stationed.  He returned to the military service to show his hard work and prove his dedication to his country.  

In support of the application, the applicant submits his personal statement, a copy of his Army Achievement medals (3) and award recommendation sheets (3), a copy of his Team 19 Certificate of Achievement, a copy of his Merit Citation, a copy of his Finalist Recognition Certificate, a copy of an excerpted newspaper article, a copy of Unit/Mess Section Challenges/Success, and a copy of a base newsletter.  The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 7 October 1987, the applicant enlisted in the Regular Air Force at the age of 18 in the grade of airman first class (E-3) for a period of four (4) years.  

On 12 August 1988, he received a Letter of Reprimand (LOR) for failing to maintain Air Force dress standards.  On 9 October 1988, he received a Letter of Counseling for being late for duty.  On 13 October 1988, he received a LOR for twice failing to take his end of course exam because he failed to have his training record on hand.

On 15 November 1988, he received a LOR for failing to obey the order of a superior NCO.  On 23 November 1988, he received a Letter of Counseling for substandard duty performance.  On 19 December 1988, he received a Memorandum for Record for failing to maintain the grill in a clean and orderly appearance, despite repeated instruction to do so.  

On 3 January 1989, he received a Memorandum for Record for failing to wash and clean a van, in violation of repeated instructions to do so.  On 30 January 1989, he received both a Letter or Counseling and Memorandum for Record for failing to report for duty at the prescribed time and with his fatigue uniform not in compliance with AFR 35-10, and did thereafter fail to iron his fatigue uniform as ordered.

On 8 February 1989, the applicant was tried by a summary court-martial and contrary to his plea of not guilty, found guilty of being derelict in the performance of his duties in that he negligently failed to maintain his room according to dormitory standards.  He was sentenced to seven days of confinement.

On 14 February 1989, the applicant’s commander notified him that he was recommending he be discharged from the Air Force under the provisions of AFR 39-10 for Misconduct – A Pattern of Misconduct – Discreditable Involvement with Military or Civil Authorities.  The applicant acknowledged receipt of the notification, consulted counsel, and waived his right to submit statements in his own behalf.  The discharge case file was reviewed by the Assistant Staff Judge Advocate, and was found legally sufficient.  The discharge authority approved the recommendation and directed that the applicant be discharged from the service and furnished a General (Under Honorable Conditions) discharge.

On 24 February 1989, the applicant was discharged Under Honorable Conditions (General) for Misconduct – Pattern Discreditable Involvement with Military or Civil Authorities.  He served 1 year, 4 months, and 11 days on active duty.  He had seven days of lost time due to confinement.

On March 8, 1990, the applicant submitted an application to the Air Force Discharge Review Board (AFRDB) requesting his undesirable discharge be upgraded to honorable.  The AFRDB stated the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority, and the applicant was provided full administrative due process.  AFDRB concluded there was no legal or equitable basis for upgrade of the discharge and determined that the discharge should not be upgraded.

In response to the Board’s request, the FBI indicated they were unable to identify an arrest record pertaining to the applicant on the basis of information furnished (Exhibit D).

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  DPPRS states, based on the documentation on file in the master personnel record, the discharge was consistent with the procedural and substantive requirements of the discharge regulation, and was within the discretion of the discharge authority.  DPPRS notes the applicant did not submit any evidence or identify any errors or injustices to his character of service.  

DPPRS complete 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 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit D).  On 5 October 2004, the applicant was invited to submit information pertaining to his post-service accomplishments.  In his response dated 24 October 2004, he provided a personal statement, and a copy of his separation document, four (4) character reference letters, and duplicate copies of his awards and citations previously submitted with his original application (Exhibit E).

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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.  We have thoroughly reviewed the circumstances surrounding the applicant’s discharge and find no evidence to show the applicant’s discharge was erroneous or unjust.  Nevertheless, in view of the evidence provided by the applicant pertaining to his post-Air Force accomplishments, including a successful adjustment to civilian life, a period of honorable service in the Regular Army, and his current active membership in the Army National Guard, we are of the opinion that upgrading his discharge to honorable based on clemency would be appropriate.  Accordingly, we recommend that 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 APPLICANT be corrected to show that on 24 February 1989 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 18 January 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-01818.

	Exhibit A.  DD Form 149, dated 01 Jun 04.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPRS, dated 25 June 04.
	Exhibit D.  Letters, SAF/MRBR, dated 1 July 2004; and
                 AFBCMR, dated 5 October 2004.
	Exhibit E.  Applicant’s Letter, undated, w/atchs.

AFBCMR BC-2004-01818

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 APPLICANT, be corrected to show that on 24 February 1989, he was honorably discharged and furnished an Honorable Discharge certificate.