RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-02833
		INDEX CODE:  110.02
		COUNSEL:  None
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 11 MARCH 2009

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

Since his discharge, he has been a model and tax paying citizen.  He has been a machinist for the last 23 years and has been with the same company as a milling machine supervisor the last 13 years.  He made some mistakes when he was young but he was a good airman who served his country.  

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

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

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 30 September 1981.  He was progressively promoted to the grade of airman first class (E-3), having assumed that grade effective and with a date of rank of 30 September 1982.  

On 28 November 1982, the applicant was charged with assault of an airman by taking a swing at him.  For this incident, punishment under Article 15, Uniform Code of Military Justice (UCMJ), was imposed.  He received a suspended reduction to airman (E-2) until 15 June 1983 and was ordered to forfeit $50.00 pay per month for one month.

On 2 June 1983, the applicant failed to properly maintain his dormitory room.  For this incident, he received a letter of reprimand (LOR).   

Between 14 April 1983 and 24 May 1983, he wrongfully used marijuana.  For this incident, punishment under Article 15, UCMJ was imposed.  His suspended reduction was vacated, and he was ordered to forfeit $150.00 pay and perform 14 days extra duty.   

On 13 June 1983, the applicant failed to report for duty.  For this incident, he received an LOR.  

On 21 June 1983, the applicant was notified by his commander of his intent to discharge him for a pattern of misconduct.  He was advised of his rights in this matter and acknowledged receipt on that same date.  Applicant elected to submit statements in his 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.  On 25 July 1983, the discharge authority directed he be discharged with a general discharge without probation and rehabilitation.  Applicant was credited with 1 year, 9 months and 28 days of active service.  

Pursuant to the Board’s request, the FBI provided a copy of an Investigative Report, No. 58130W9, which is at Exhibit C.  On 2 October 2007, a copy of the FBI report was forwarded to the applicant for review and comment within 14 days, as of this date, no response has been received by this office.

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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.  

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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 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 Docket Number BC-2007-02833 in Executive Session on 30 October 2007, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-02833 was considered:

    Exhibit A.  DD Form 149, dated 22 August 2007 w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Investigative Report No. 58130W9, 
                dated 21 September 2007.
    Exhibit D.  Letter, AFBCMR, dated 2 October 2007.
    Exhibit E.  Excerpt, AFI 36-3208, dated 9 July 2004.