RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01155
		INDEX CODE:  110.02
	xxxxxxxxxx	COUNSEL:  None
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 14 OCTOBER 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 was young and dumb and got involved with a troubled married service woman.  It has been over twenty years since his discharge and feels that he has paid his debt and should have his discharge upgraded to honorable.  He has been married for 16 years and his employment has been solid.  

In support of his request, applicant provides copies of his DD Form 214, Resume, and a Certificate of Appreciation from the Mayor of XXX XXXXX. 

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

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STATEMENT OF FACTS:

On 14 April 1981, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) for a period of 4 years.  He was progressively promoted to the grade of senior airman (E-4), with a date of rank of 1 May 1983.  He received four Airman Performance Reports closing 13 April 1982, 4 March 1983, 4 March 1984 and 26 August 1984, in which the overall evaluation were a 7, 9, 6 and 6 (9 being the highest rating), respectively.

On 23 February 1984, the applicant was tried by a general court-martial.  He was charged with violation of Article 127, communicating a threat (3); and Article 121, wrongful appropriation.  He was found guilty and was sentenced to three months hard labor without confinement, reduction to E-1 and to forfeit $397 per month for 12 months.  

On 1 August 1984, he pled guilty to reckless driving in Brevard County Court, FL.  He was subsequently convicted and sentenced.  

On 9 April 1984, the applicant’s commander initiated discharge proceedings against him under the provisions of AFR 39-10, paragraph 5-47 for a pattern of misconduct.  The applicant was notified of his commander’s recommendation and that an under other than honorable conditions discharge was being recommended.  On 27 August 1984, after consulting counsel, the applicant submitted a conditional waiver of his rights associated with an administrative discharge board hearing contingent on his receipt of no less than a general discharge.  He indicated he understood that if the waiver was not approved, his discharge would continue according to AFR 39-10.  A legal review by the staff judge advocate found the case legally sufficient and recommended that the conditional waiver not be accepted.  On 1 October 1984, the discharge authority approved the conditional waiver and directed the applicant be discharged with a general discharge.  Subsequently, he was discharged on 5 October 1984.  He served 3 years, 5 months, and 22 days on active duty. 

Pursuant to the Board’s request, the FBI indicated that on the basis of the data furnished, they were unable to locate an arrest record pertaining to the applicant.

On 19 April 2007, the applicant was given the opportunity to submit comments about his post service activities (Exhibit E).  As of this date, this office has received no response.  

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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, Administrative Separation of Airmen, paragraph 5-57b (Pattern of Misconduct – Conduct Prejudicial to Good Order and Discipline) (extract copy of applicable portion attached as Exhibit D).  Nor has he shown the nature of the discharge was unduly harsh or disproportionate to the offenses committed.  

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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 applicant’s request and the available evidence of record, we see no evidence that would warrant an upgrade of his characterization of service.  Other than his own assertions, the applicant has provided no evidence which would lead us to believe that the information in his discharge case file is erroneous, that his substantial rights were violated, or that his commanders abused their discretionary authority.  Accordingly, his request is not favorably considered.

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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-2007-01155 in Executive Session on 12 July 2007, under the provisions of AFI 36-2603:

		XXXXXXXXXX, Acting Panel Chair
		XXXXXXXXXX, Member
		XXXXXXXXXX, Member

The following documentary evidence pertaining to Docket Number BC-2007-01155 was considered:

    Exhibit A.  DD Form 149, dated 6 Apr 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Investigative Report, No. 6151, 
				 dated 26 Apr 07.
	Exhibit D.  Excerpt of AFR 39-10, dated 1 Oct 84.
    Exhibit E.  Letter, SAF/MRBC, dated 12 Jun 07.

                                   XXXXXXXXXX
                                   Acting Panel Chair