RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02830
	INDEX CODE:  110.00
	COUNSEL:  NONE

	HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

The following changes be made to his DD 214 (separation document):

	a)  Block 24 (Character of Service) be amended to read general (under honorable conditions) or upgraded to honorable;

	b)  Block 26 (Separation Code) be changed to FDB (Hardship).
________________________________________________________________

APPLICANT CONTENDS THAT:

His original DD 214 stated general (under honorable conditions).  His misconduct was due to family problems.  He had requested an early release from active duty.  His commanding officer and base commander agreed to his request for early release and told him he would never be able to reenter military service.  He was told he was receiving a Hardship, General (Under Honorable Conditions) discharge.  The error was discovered when he applied to take the civil service test.  Also, the dates on his DD 214 are in error as he was discharged before the separation date.  

The applicant’s complete submission is at Exhibit A.

Examiner's Note:  According to the Office of Personnel Management, applicants are no longer required to take a civil service test.  However, prior military members are required to include a copy of their DD 214 when applying for government positions.  

________________________________________________________________

STATEMENT OF FACTS:

On 23 Apr 87, the applicant entered the Regular Air Force for a period of four years.

On 1 Mar 88, the applicant’s commander notified him that he was recommending his separation from the Air Force under the provisions of AFR 39-10, paragraph 5-46 for minor disciplinary infractions.  Specifically, during January and February 1988, the applicant failed to maintain the standards required of him.  On 7 and 9 Jan 88, he failed to go to his place of duty.  For this incident, he received an Article 15.  During December 1987 and January 1988 he wrote several checks with insufficient funds. 

The discharge case was reviewed by the Acting Staff Judge Advocate and found legally sufficient.  On 9 Mar 88, the discharge authority approved applicant’s general discharge without the offer of probation and rehabilitation.  On 15 Mar 88, the applicant was discharged from the Regular Air Force in the grade of airman basic.  He had served 10 months and 24 days on active duty.

In response to the Board’s request, the FBI indicated they were unable to identify with an arrest record pertaining to the applicant on the basis of information furnished.  

________________________________________________________________

APPLICANT'S RESPONSE TO REQUEST FOR POST-SERVICE INFORMATION:

In his unsigned letter dated 16 Oct 07, the applicant states he enjoyed his time in the military and would have remained in service.  He reiterates his earlier comments pertaining to family problems and his discussion with his commanding officer regarding the discharge type and conditions he would receive.

He is married to a great lady.  He has three step-children and is paying child support for two children from a prior marriage.  He worked steadily up until three years ago when he injured his back.  He now wants a civil service position and will earn Veteran's points with the words "under honorable conditions" on his DD 214.  He wants to be a productive member of his community.

He also submits two character reference letters (unsigned).

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

________________________________________________________________

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.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 this application in Executive Session on 28 November 2007, under the provisions of AFI 36‑2603:

The following documentary evidence was considered for AFBCMR Docket Number BC-2007-02830:

	Exhibit A.  DD Form 149, dated 23 Aug 07.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, 3 Oct 07.
	Exhibit D.  Letter, Applicant, 16 Oct 07, w/atchs.