RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-02037
		
		COUNSEL: NONE

		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 30 DEC 08
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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:

He has been out of the military for over 16 years and has been an attribute to society.  He has no felonies or misdemeanors.

In support of his appeal, the applicant provided a personal statement.

Applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 25 Apr 89, as an airman for a period of four years.

On 14 Feb 91, the applicant’s commander notified him that he was recommending he be discharged from the Air Force (AF) for misconduct.  The specific reasons for the discharge action were:

	a.	On 8 Feb 90, the applicant received a Letter of Reprimand (LOR) and an Unfavorable Information File (UIF) for striking another individual and being under the influence of alcohol.

	b.	On 6 Mar 90, the applicant received a Letter of Counseling (LOC) for receiving a traffic ticket for failing to stop at a stop sign.

	c.	On 16 May 90, the applicant received an Article 15 for failing to go to his prescribed duty location.

	d.	On 19 Jul 90, the applicant received an LOR for falsifying an AF Form 2426, Training Request and Completion Notification.

	e.	On 25 Sep 90, the applicant received an LOC for writing a check with insufficient funds to the Base Exchange.

	f.	On 3 Dec 90, the applicant received an LOC for failing to receive his flu shot.

	g.	On 10 Jan 91, the applicant received an Article 15 for failing to go his prescribed duty location.

On 28 Feb 91, the discharge authority directed the applicant be discharged with a general discharge without probation and rehabilitation.

The applicant was discharged on 7 Mar 91.  He served a total of 1 year, 10 months and 13 days on active duty.

On 13 Apr 92, the applicant appealed to the Air Force Discharge Review Board (AFDRB) to have his discharge upgraded to honorable.  The AFDRB considered all the evidence of record and concluded that his discharge was consistent with the procedural and substantive requirements of the discharge authority, that he was provided full administrative due process, and that no legal or equitable basis existed for an upgrade of his discharge.

Pursuant to the Board’s request, the Federal Bureau of Investigation provided an investigative report which is attached at Exhibit C.  On 29 Aug 07, the Board staff forwarded the applicant a copy of the FBI report for review and comment within 30 days and requested he provide documentation pertaining to his activities since leaving military service (Exhibit D).  As of this date, no response has been received by this office (Exhibit E).

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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.  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, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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-2007-02037 in Executive Session on 8 Nov 07 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-02037 was considered:

	Exhibit A.	DD Form 149, dated 20 Jun 07
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	FBI Investigative Report.
	Exhibit D.	Letter, AFBCMR, dated 29 Aug 07.
	Exhibit E.	Letter, AFBCMR, dated 29 Aug 07