RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01797
		INDEX CODE:  110.02
		COUNSEL:  None
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 8 DECEMBER 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:

His records show he supported two separate units which received outstanding awards.  He received a Good Conduct Ribbon.  He also successfully completed various educational schools and served his country proudly

He would like to be in a position to possibly serve his country again and not be condemned.

In support of his appeal, the applicant submitted a copy of his DD Form 214.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on 5 April 1984, as an airman basic (AB).  

On 11 February 1988, 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 (conduct prejudicial to good order and discipline.)  The specific reasons for the discharge action were:

a.	On 22 January 1988, the applicant received an Article 15 for being drunk and disorderly at Comiso Air Station, Italy 
and for escaping the custody of, a person authorized to apprehend the applicant.

b.	On 2 December 1987, the applicant received an Article 15 for being absent from his organization without authority.

c.	On 27 November 1987, the applicant received a Letter of Counseling (LOC) for dereliction of duty and failure to obey the verbal directive given him by a superior Noncommissioned Officer (NCO).

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

The applicant acknowledged receipt of the notification of discharge and after consulting with legal counsel submitted a statement in his own behalf.

On 19 February 1988, a legal review was conducted in which the staff judge advocate recommended the applicant be discharged with a general discharge without probation and rehabilitation.

The discharge authority approved the discharge and directed the applicant be discharged with a general discharge without probation and rehabilitation.

The applicant was discharged on 3 March 1988, in the grade of airman basic.  He served 3 years, 10 months and 29 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Washington, D.C., provided an investigative report which is attached at 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 5-47 (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 forwarded the applicant a copy of FBI report for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).

On 22 June 2007, the Board staff requested the applicant provide documentation pertaining to his activities since leaving military service.  He has not responded (Exhibit F).

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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, and his apparent misconduct subsequent to military service as contained in his FBI investigative report it appears that the processing of his service and the characterization 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-2007-01797, 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, dated 28 May 07, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report.
     Exhibit D.  Extract, AFR 39-10.
     Exhibit E.  Letter, AFBCMR, dated 22 Jun 07, w/atch.