RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2007-01481
		INDEX CODE: 110.00
 	XXXXXXX				COUNSEL:  NONE

			  		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 12 NOVEMBER 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:

With the exception of one, his minor offenses can be defined as judgmental rather than facts.  He believes the outcomes of his offenses were unjust and the punishment does not fit when compared to today's airmen.  He believes other airmen are allowed to remain in the Air Force after committing very dangerous illegal acts.  In addition, the assistance his Area Defense Counsel provided was inadequate and did not serve his best interest.  He believes if he had sufficient guidance and could have resided off-base he would not have been subjected to his first sergeant's room inspections.  He believes this is what ultimately led to his involuntary discharge.  Other than his isolated incident for underage consumption of alcohol, the room inspections were the only other offenses he was accused of.

In support of his request, the applicant submits a personal letter; Air Force Form 931, Performance Feedback Worksheet, base newspaper articles and his New York Department of Correctional Services Diploma.
 
His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 23 March 1993.  On 27 June 1994, he was notified by his commander that he was recommending he be discharged from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airman, Section H, paragraph 5-46 for misconduct (pattern of minor
disciplinary infractions).  The specific reasons for this action were on 24 June 1994, he received an Article 15 for being derelict in the performance of his duties in that he negligently failed to maintain correctional custody standards by failing to maintain the decorum and physical order of his room; on 6 June 1994, he received an Unfavorable Information File (UIF) action for wrongfully wearing an unserviceable uniform, to include a filthy dirty shirt, improper tie length, wrong size stripes, missing belt loop, and soiled pants; on 12 May 1994, he received an Letter of Reprimand (LOR) for failing to maintain his dormitory residence in sanitary condition; on 8 November 1993, he received an LOR because his dorm room was found to be in violation of all reasonable neatness and cleanliness standards; and on 22 February 1994, he received an LOR for consuming alcoholic beverages while under the age of 21.  On 30 June 1994, he acknowledged receipt and consulted counsel but elected not to submit statements on his own behalf.  In a legal review of his case the base legal office found it legally sufficient and recommended a general discharge.  Applicant was discharged in the grade of airman basic on 5 July 1994.  He served a total of 1 year, 3 months and 13 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  In addition, the discharge was within the sound discretion of the discharge authority.  He did not submit any new evidence or identify any errors or injustices that occurred in his discharge processing.  The complete DPPRS evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20 June 2007 for review and comment within 30 days. As of this date, this office has received no response (Exhibit D).

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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 injustice.  After careful consideration of the available evidence, the Board found no indication the actions taken to affect his discharge and characterization of his service were improper, contrary to the provisions of the governing regulations in effect at the time, or based on factors other than his own behavior and inability to comply with standards.    Therefore, the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts its rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice.

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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 AFBCMR Docket Number BC-2007-01481 in Executive Session on 26 July 2007, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-01481 was considered:

	Exhibit A.  DD Form 149, dated 26 Apr 07, w/atchs. 
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPRS, dated 8 Jun 07.
	Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 07.