RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-02843

							INDEX CODE:  110.00
							COUNSEL: NONE
							HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded to honorable and his Separation Program Designator (SPD) code, reenlistment eligibility (RE) code and narrative reason for separation be changed.

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APPLICANT CONTENDS THAT:

The charges and specifications are fundamentally accurate, but he was not aware of the long term impact.

In support of his appeal, applicant submitted a personal statement and character reference statements.

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 12 Aug 80 for a period of four years as an airman basic.

On 15 Oct 82, his commander notified him that he was recommending him for discharge from the Air Force under the provisions of Air Force Regulation (AFR) 39-10 for Misconduct-minor disciplinary infractions.  The specific reasons for the discharge action were:

a.	On 9 Aug 82, he received a Letter of Reprimand (LOR) for failing to report for duty at the appointed place and time.

b.	On 27 Aug 82, he received a Letter of Counseling (LOC) for writing a check with sufficient funds to the Base Exchange.

c.	On 15 Sep 82, he received an Article 15 for failing to go to his appointed place of duty.

d.	On 15 Sep 82, he received an LOC for failing to adequately support his dependent.

e.	On 5 Oct 82, he received an Article 15 for failing to report for duty.

His commander advised him of his rights in this matter and after consulting with counsel he elected to waive his right to submit statements in his own behalf.

On 25 Oct 82, the base legal office reviewed the case and found it legally sufficient to support separation and recommended discharge with a general discharge without probation and rehabilitation.

On 29 Oct 82, the discharge authority approved the separation and directed he be discharged with a general discharge without probation and rehabilitation.

He was separated from the Air Force on 1 Nov 82 with a general discharge with a RE code of “2B” which denotes “separated with a general or under other than honorable conditions (UOTHC) discharge.”  His narrative reason for separation and SPD code of JKN reflects he was separated for “Misconduct-pattern of minor disciplinary infractions."  He served on active duty 2 years, 2 months and 20 days.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Washington, D.C., provided an investigative report which is attached at Exhibit C.  On 11 Dec 07, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days, as of this date, no response has been received by this office (Exhibit H).

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AIR FORCE EVALUATION:

AFPC/DPSOA recommends the requested relief be denied.  DPSOA states they found no evidence of an error or an injustice and the applicant did not submit any evidence to substantiate his request for a change in his RE code.

The complete AFPC/DPSOA evaluation is at Exhibit D.

AFPC/DPSOS recommends the applicant’s request be denied.  DPSOS states the applicant has not submitted any evidence or identified any errors or injustices that occurred in the processing of his discharge.  Based upon the documentation in the applicant's file, DPSOS believes his discharge was consistent with the procedural and substantive requirements of the discharge regulation and the discharge was within the sound discretion of the discharge 
authority.  The applicant has not provided any facts to warrant a change to his discharge, RE code, SPD code or narrative reason for separation.

The complete AFPC/DPSOS evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and provided comments to clarify the circumstances that surrounded the events which led his command to issue the disciplinary actions which resulted in him being discharged (Exhibit G).

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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 an error or an injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force offices of primary responsibility and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden of proof that he has suffered either an error or an injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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-2007-02843 in Executive Session on 6 Feb 08, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 28 Aug 07, w/atchs.
   Exhibit B.  Applicant’s Master Military Personnel Records.
   Exhibit C.  FBI Investigative Report.
   Exhibit D.  Letter, HQ AFPC/DPSOA, dated 27 Sep 07.
   Exhibit E.  Letter, HQ AFPC/DPSOS, dated 2 Oct 07.
   Exhibit F.  Letter, SAF/MRBR, dated 2 Nov 07.
   Exhibit G.  Letter, Applicant, dated 3 Dec 07.
   Exhibit H.  Letter, SAF/MRBC, dated 11 Dec 07.