RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01915
		INDEX CODE:  110.00
		
		COUNSEL:  NONE
		
		HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  22 DEC 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

During his tour of duty, he acquired a drinking problem that led to getting pulled over and being sited for operating a vehicle under the influence.  He states he was not entered into a program to assist his condition.  Further, he was unaware of the characterization he was to receive.  The effect of his discharge has prevented him from entering the Air Force Reserves.

In support of his request, the applicant provided documentation extracted from his military personnel record, college transcripts, and characterization letters.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 3 October 1980 in the grade of airman basic.  On 2 June 1986, applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10, paragraph 5-46 and 5-47(a).  The specific reasons for this action were numerous instances of minor misconduct and discreditable involvement with military and civil authorities.  Specifically, he failed to attend a required briefing during the period 20 through 23 June 1983.  For this he received a Letter of Reprimand (LOR) on 1 July 1983.

Applicant allowed the unauthorized use of a meal card by another member in violation of AFR 146-19 and Article 132, Uniform Code of Military Justice (UCMJ), for which he received an LOR on 29 May 1984.

Applicant failed to go to a scheduled on the job training (OJT) supervisor course in violation of Article 86, UCMJ, on 2 November 1984, he received an LOR.

Applicant was involved in a traffic accident on 18 July 1985 which resulted in him being cited by the Maryland State Police for driving/attempting to drive a motor vehicle while intoxicated/under the influence of alcohol/drugs.  His blood alcohol level was .16 when tested.  For this incident he appeared in the Maryland 7th District Court on 18 October 1985.  He entered a plea of guilty, was placed on 12 months probation, fined $200 and entered into a defensive driving program.

On 10 August 1985, applicant was cited by Fort Meade Military Police for reckless driving and driving under the influence.  His breathalyzer results were .12 when tested.  This offense led to a U.S. Magistrates Court appearance on 10 October 1985 at which time he was given 12 months probation and fined $100 for driving under the influence.  On 16 October 1985, his Fort Meade driving privileges were revoked.  He received an LOR on 6 November 1985 which was placed in his Unfavorable Information File (UIF).  He was also placed on a control roster.

He was advised of his rights in the discharge matter and acknowledged receipt of the notification.  The applicant waived his right to consult counsel; however, he did elect to submit statements on his own behalf.  In a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended that he be discharged.  The discharge authority concurred with the recommendations and directed that he be discharged with a general discharge without probation and rehabilitation.  Applicant was discharged on 8 July 1986.  He served 5 years, 9 months and 4 days on active duty.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an arrest record which is at Exhibit C.

On 8 August 2007, the applicant was provided the opportunity to respond to the Investigative Report and to provide documentation pertaining to his post-service activities, within 30 days (Exhibit D).  In response to our request, applicant provided post-service information, and a response to the FBI Report of Investigation, which is at Exhibit E.

_________________________________________________________________

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.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing.  Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority.  The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  We considered upgrading the discharge based on clemency; however, no evidence has been presented which would persuade us granting the relief sought on that basis is appropriate.  The applicant found a discrepancy within the FBI report and appears to have refuted the issue.  A further investigation would require fingerprints to substantiate the report is in error.  Should the applicant submit documentation pertaining to the validity of the FBI Report of Investigation, we would be willing to review the request for possible reconsideration.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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 this application in Executive Session on 11 October 2007, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-01915 was considered:

   Exhibit A.  DD Form 149, dated 14 June 2007, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report of Investigation.
   Exhibit D.  Letter, AFBCMR, dated 8 August 2007.
   Exhibit E.  Letter, Applicant, undated, w/atchs.