RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01801
		INDEX CODE:  110.02
	xxxxxxxxxxx	COUNSEL:  None
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 9 DECEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has been an outstanding citizen since his discharge.  He is seeking to attend college to receive a degree in computer technology.  He would like to use these skills to serve his country by working for the Department of Homeland Security.  

In support of his request, applicant provides a copy of his DD Form 214. 

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

_________________________________________________________________

STATEMENT OF FACTS:

On 4 December 1985, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) for a period of 6 years.  He was progressively promoted to the grade of senior airman (E-4), with a date of rank of 18 May 1988.  He received an Airman Performance Report closing 31 January 1989 in which the overall evaluation was an 8 (9 being the highest rating).

On 6 February 1987, he received a letter of counseling for failure to maintain his room in inspection order.  

On 27 March 1987, he received a letter of reprimand for failure to maintain financial obligations.  

On 7 April 1987, the applicant uttered a check to the Army and Air Force Exchange Service without sufficient funds. For this incident, punishment under Article 15, Uniform Code of Military Justice (UCMJ) was imposed.  He received a suspended reduction to airman, and $50 forfeiture of his pay per month for two months.   

On 17 November 1987, he received a letter of reprimand for failure to maintain proper control of his checking account which resulted in a $150.00 dishonored check.  

On 3 June 1988, the applicant received a letter of counseling for uttering a check without sufficient funds.  

On 28 February 1989, the applicant operated a vehicle after his privileges to operate a motor vehicle had been suspended.  For this incident, punishment under Article 15, Uniform Code of Military Justice (UCMJ) was imposed.  He received a suspended reduction to airman first class, and $50 forfeiture of his pay per month for two months.

On 17 March 1989, the applicant’s commander initiated discharge proceedings against him under the provisions of AFR 39-10, paragraph 5-46 for a pattern of minor disciplinary infractions.  The applicant was notified of his commander’s recommendation and that a general discharge was being recommended.  He was advised of his rights and consulted with counsel and elected to submit statements in his own behalf.  In a legal review of the discharge case file, the staff judge advocate found it legally sufficient and recommended he be discharged from the Air Force with a general discharge without probation and rehabilitation.  On 29 March 1989, the discharge authority directed he be discharged with a general discharge.  Subsequently, he was discharged on 31 March 1989 after serving 3 years, 3 months, and 27 days on active duty. 

On 1 December 1989, the Air Force Discharge Review Board reviewed and denied the applicant’s request that his discharge be upgraded to honorable.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report pertaining to the applicant, which is at Exhibit C.

On 21 June 2007, the applicant was given the opportunity to submit comments about his post service activities (Exhibit E).  The applicant states he believes the source of his problems in the Air Force was that he was young and inexperienced.  He started drinking a lot in the military and made some terrible decisions.  He is currently in a program for veterans that have alcohol and drug abuse problems.  He is has been four months sober and clean and for the first time since high school has found some peace and stability in his life.  He is currently enrolled in a community college majoring in Computer Information Technology.  The applicant’s complete letter, with attachments, is at Exhibit G.

On 22 June 2007, a copy of the FBI report was forwarded to the applicant for review and comment.  As of this date, this office has not received a response.

_________________________________________________________________

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.  Notwithstanding the absence of error or injustice, the Board has the prerogative to grant relief on the basis of clemency if so inclined.

_________________________________________________________________

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 the information in his discharge case file is erroneous, that his substantial rights were violated, or that his commanders abused their discretionary authority.  In addition, an FBI record provided information pertaining to the applicant which indicates recent involvement with law enforcement authorities.  We have noted the supportive statements submitted on behalf of the applicant; however, we do not find them sufficient to warrant clemency based on the multiplicity of the applicant’s infractions.  Accordingly, his request is not favorably considered.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2007-01801 in Executive Session on 26 July 2007, under the provisions of AFI 36‑2603:

The following documentary evidence pertaining to Docket Number BC-2007-01801 was considered:

	Exhibit A.  DD Form 149, dtd 1 Jun 07, w/atch.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  FBI Investigative Report #84319MA7, 
 	            dtd 15 Jun 07.
	Exhibit D.  Excerpt of AFR 39-10, dtd 1 Oct 84.
	Exhibit E.  Letter, AFBCMR, dtd 21 Jun 07.
	Exhibit F.  Letter, AFBCMR, dtd 22 Jun 07.
	Exhibit G.  Letter, Applicant, dtd 19 Jul 07, w/atchs.