RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02819
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His narrative reason for separation be changed.

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APPLICANT CONTENDS THAT:

The mistakes he made were because he was young.  He needs a fresh start in his life and asks that the Board give him a second chance.

In support of his appeal, the applicant provides an expanded statement and a copy of his separation document.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 9 Jan 84. 

On 1 Dec 86, he was notified of his commander’s intent to recommend his discharge for a pattern of misconduct.  The reasons for this action were:

	a.  On six (6) separate occasions he, without authority, failed to either go to work at the appointed time or went from his appointed place of duty.  These incidents occurred between 3 Jul 85 and 18 Nov 86, for which he was counseled.

	b.  On 31 Dec 85 and 6 Jan 86, he, without authority, failed to go at the time prescribed to his appointed place of duty, for which he received nonjudicial punishment.

	c.  On 7 Aug 86 to 10 Aug 86, he was derelict in the performance of his duties in that he failed to take meter readings at Pump House 2696, as it was his duty to do, for which he was counseled.

		d.  Between 19 Apr 85 and 30 Jun 86, he wrote five (5) bad checks, for which he received three (3) letters of counseling.

	e.  On 8 Jan 86, he failed to display a proper vehicle registration, for which he received a traffic ticket and was counseled by his first sergeant. 

	f.  On 2 Oct 84, during an open ranks inspection, he was found in violation of AFR 35-10 in that his stripes were attached improperly and his shoes were totally unserviceable, for which he received a Letter of Reprimand (LOR).

	g.  On 22 Mar 84, he failed to follow a written order of the 3776 Student Squadron in that he failed to properly secure his personal valuables in his barracks room, for which he received an LOR.

The applicant was advised of his rights in the matter and that a general discharge would be recommended.

On 21 Feb 73, the applicant waived his right to a hearing before an administrative discharge board and submitted statements in his own behalf.

In a legal review of the discharge case file, on 3 Dec 86, the Staff Judge Advocate found the file was legally sufficient and recommended the applicant be furnished a general discharge.

On 8 Dec 86, the discharge authority directed the applicant be given a general discharge.

Applicant was discharged on 10 Dec 86 under the provisions of AFM 39-10 (Misconduct – Pattern of Discreditable Involvement with Military or Civilian Authorities) and furnished a general discharge.  He was credited with 2 years, 11 months, and 2 days of total active service.

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

On 13 Feb 08, a copy of the FBI report were forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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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 find no evidence which would lead us to believe the applicant’s discharge for misconduct based on a pattern of discreditable involvement with military or civilian authorities was improper or contrary to the governing directive under which it was effected.  Therefore, in the absence of sufficient evidence to the contrary, we conclude the applicant has failed to sustain his burden of establishing that he has suffered either an error or an injustice.  Accordingly, 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 AFBCMR Docket Number BC-2007-02819 in Executive Session on 26 Mar 08, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Aug 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Letter, AFBCMR, dated 13 Feb 08.