RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-00797
	INDEX CODE:  110.00
	COUNSEL:  NONE

	HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  16 AUGUST 2008

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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 provided 12 years and 9 months of military service.  He requested a homeowner’s tax credit.  He was advised by his city tax office that in order to qualify for this credit, he must have an honorable discharge.

In support of his application, the applicant submits a copy of his DD 214.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s discharge case file is not a matter of record.  The following information was extracted from the remaining documentation in the applicant’s military personnel records.

The applicant received Article 15 action for the following offenses and on the dates indicated:

	Failure to go, 27 Sep 84, (Reduced to grade of Sgt (suspended))
	Failure to go, 30 Apr 85(Reduced to grade of Sergeant)
	Dereliction of duty, 15 Apr 86 (Reduced to grade of airman 	first class and forfeiture of $412.00 for one month)

A resume of his Airman Performance Reports (APRs) follows:

	Closeout Date	Overall Evaluation

	12 Sep 74		5
	14 Apr 75		9
	15 Sep 75		9
	15 Sep 76		9
	28 Feb 77		9
	28 Feb 78		9
	 8 Dec 79		9
	 8 Dec 80		8
	29 Nov 81		9
	20 Nov 82		9
	 2 Jul 83		9
	 2 Jul 84		9
	*2 Jul 85		8

*Referral report.

On 27 May 86, the applicant was issued a general (under honorable conditions) discharge for misconduct and a pattern of minor disciplinary infractions.  He served 12 years, 11 months and 8 days on active duty.  

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

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AIR FORCE EVALUATION:

None.  The applicant has not shown the characterization of his discharge was contrary to the provisions of AFR 39-10, Minor Disciplinary Infractions, (attached as Exhibit D).  Nor has he shown the nature of the discharge was unduly harsh or disproportionate to the offenses committed.  Notwithstanding the absence of error or injustice, the Board has the prerogative to grant relief on the basis of clemency if so inclined.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 Apr 07, the applicant was invited to submit information pertaining to his post-service activities.  To date, we have not received a response to our request (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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After careful consideration of the available evidence, we find no impropriety in the characterization of applicant’s discharge.  It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that the applicant was not afforded all the rights to which entitled at the time of discharge.  We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.  We would like to point out that the applicant has not provided documentation pertaining to his post service activities.  In view of the contents of the FBI Identification Record, we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade to general on the basis of clemency; thus, we find no basis to warrant favorable action on 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 this application in Executive Session on 28 June 2007, under the provisions of AFI 36‑2603:

XXXXXXXXXX, Panel Chair
XXXXXXXXXX, Member
XXXXXXXXXX, Member

The following documentary evidence was considered in AFBCMR BC-2007-00797:

    Exhibit A.  DD Form 149, dated 10 Mar 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Extract, AFM 39-10.
    Exhibit E.  Letter, AFBCMR, dated 20 Apr 07.

                                   XXXXXXXXXX
                                   Panel Chair