RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01602
	INDEX CODE:  110.00
	COUNSEL:  NO

	HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  24 OCTOBER 2008

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APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He was told that after one year his discharge would be upgraded to honorable.  He has been attempting employment at the local base and believes his DD 214 is keeping him from being hired.  He is also seeking VA benefits. 

In support of his application, the applicant submits a copy of his DD 214 and his application to the Air Force Discharge Review Board.  

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

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STATEMENT OF FACTS:

On 23 Mar 79, the applicant enlisted in the Regular Air Force at the age of 20 in the grade of airman basic for a period of 6 years.  He was progressively promoted to the grade of sergeant, effective and with a date of rank of 1 Nov 82.  

On 24 Jan 86, , the applicant’s commander notified the applicant that he was recommending his separation from the Air Force under the provisions of AFR 39-10, para 5-46 for a pattern of misconduct.  

The following is a list of the applicant’s infractions:

	a)  On 9 Sep 82, the applicant was issued a vehicle registration citation for not having a safety inspection sticker.

	b)  On 3 Dec 82, he was cited by the base traffic control police for speeding.  For this offense, he was assessed four traffic points.

	c)  On 25 Jan 83, he received an Article 15 for failure to go to his appointed place of duty on 20 Jan 83.

	d)  On 28 Jul 83, he was found in violation of not wearing his seat belt on base.

	e)  On 6 Aug 84, he failed to attend a Chemical Warfare Refresher Training class.  For this offense, he received a Letter of Reprimand (LOR).

	f)  On 28 Nov 85, he failed to show for a schedule court appearance.  A Memo for Record was written.

	g)  On 7 Jun 85, he failed to attend a Nuclear Surety and Chemical Warfare Training class.  For this offense, he received a LOR.

	h)  On 23 Sep 85, he failed to attend a Nuclear Surety class.  For this offense he received a LOR.

	i)  On 21 Nov 85, he wrongfully and unlawfully subscribed under lawful oath a false statement.  For this offense, he received an Article 15.

He was reduced to the grade of airman first class, effective and with a date of rank of 8 Jan 86.

The applicant was advised of his rights.  Under advice of counsel, the applicant offered a conditional waiver of the rights associated with an administrative discharge board hearing, contingent upon his receipt of no less than a general discharge.  The discharge case was reviewed by the Staff Judge Advocate and found legally sufficient.  On 27 Feb 86, the discharge authority approved applicant’s general discharge without the offer of probation and rehabilitation.

On 28 Feb 86, the applicant was discharged because of misconduct – pattern of minor disciplinary infractions.  He served 6 years, 11 months and 7 days on active duty, to include 1 year and 6 months of Foreign Service.

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

Closeout Date	Overall Evaluation

17 Nov 85		7
17 Jan 85		8
17 Jan 84		8
17 Jan 83		9
17 Jan 82		8
17 Jan 81		8
22 Mar 80		7

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided a copy of an investigative report pertaining to the former member (Identification Record No. 155882DA1) (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:

On 22 Jun 07, the applicant was provided a copy of the FBI report (Exhibit C), and was invited to submit information pertaining to his post-service activities (Exhibit E).  To date, we have not received a response to any of the aforementioned correspondence.

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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 honorable; 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 probable 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-2007-01602 in Executive Session on 9 Aug 2007, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 13 May 07 w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  FBI Report.
	Exhibit D.  Extract, AFR 39-10.
	Exhibit E.  Letter, SAF/MRBC, dated 22 Jun 07.