NIRECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01451
		INDEX CODE:  110.02
		COUNSEL:  None
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 11 NOVEMBER 2008

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APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded to an honorable discharge.

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APPLICANT CONTENDS THAT:

He admits to and was guilty of minor disciplinary infractions.  However, as a saved Christian believer, he apologizes for those infractions.  He believes and trusts in God and hopes the Board will open their hearts and upgrade his discharge to honorable.

The applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on 3 April 1991, as an airman basic (AB) for a period of four years.  

On 20 November 1991, the applicant’s commander notified him that he was recommending him for discharge from the Air Force (AF) under the provisions of Air Force Regulation (AFR) 39-10 for misconduct.  The specific reasons for the discharge action were:

a.	On 10 September 1991, the applicant was counseled for a security violation.  He left his dormitory locker unlocked.

b.	On 13 September 1991, the applicant was counseled for failing to go at the time prescribed to his appointed place of duty on 11 September 1991.

c.	On 13 September 1991, the applicant was counseled for failing to go at the prescribed time to his appointed place of duty on 13 September 1991.

d.	On 16 September 1991, the applicant was counseled for being late for a mandatory bay meeting on 5 September 1991.

e.	On 28 October 1991, the received an Article 15 for failing to go at the prescribed time to his appointed place of duty on 8 October 1991.

f.	On 28 October 1991, the applicant was counseled for being derelict in the performance of his duty on 10 October 1991.

g.	On 29 October 1991, the applicant was counseled and reprimanded for being disrespectful to a noncommissioned officer (NCO) on 22 October 1991.

h.	On 29 October 1991, the applicant was counseled by his Student Training Advisor and Chief Student Training Advisor for being disrespectful to an NCO on 22 October 1991.

i.	On 7 and 8 November 1991, the applicant was counseled and reprimanded for being in direct violation of a general regulation on 6 November 1991.

j.	On 8 November 1991, the applicant was counseled by his Chief Student Training Advisor and reprimanded by his Commander for being in direct violation of a lawful general regulation.

The commander advised the applicant of his right in this matter.

On 20 November 1991, the applicant acknowledged receipt of the notification of discharge and after consulting with legal counsel submitted a statement in his own behalf.

On 26 November 1991, a legal review was conducted in which the staff judge advocate recommended the applicant be discharged with a general discharge without probation and rehabilitation.

On 3 December 1991, the discharge authority approved the discharge and directed the applicant be discharged without probation and rehabilitation.  The applicant was discharged on 4 December 1991.  He served eight months and one day on active duty.

Pursuant to the Board’s request, the Federal Bureau of investigation, Washington, D.C., indicated on the basis of the data furnished they were unable to locate an arrest record (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, Administrative Separation of Airmen, paragraph 5-46 (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 FBI REPORT:

On 21 June 2007, the Board staff requested the applicant provide documentation pertaining to his activities since leaving military service.  He has not responded (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 an error or an injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we find the applicant has failed to sustain his burden of proof that he has suffered either an error or an injustice.  Based on the documentation in the applicant's records, it appears that the characterization of his service and the processing of the discharge were appropriate and accomplished in accordance with Air Force regulation.  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 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-2007-01451, in Executive Session on 28 August 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, undated.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Negative Reply.
     Exhibit D.  Extract, AFR 39-10.
     Exhibit E.  Letter, AFBCMR, dated 21 Jun 07, w/atch.