RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03549 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: 1. His general (under honorable conditions) discharge be upgraded to honorable. 2. His narrative reason for separation be changed to a more favorable narrative. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He recognizes his personnel and medical records were critical in determining his character of service and narrative reason for discharge; however, his service records were not entirely accurate and interpreted in a completely unbiased manner. In light of substantial credible evidence, his performance, conduct, psychological, and physical evaluations for the majority of his enlistment, were satisfactory. His records do not contain an Article 15 for larceny, or citations by the Alexandria Police Department, and England AFB. There is no AF Form 533, Certificate of Compliance - Private Motor Vehicle Registration, with respect to an uninsured vehicle or improperly registered vehicle. There is no letter of reprimand (LOR) issued on 12 May 81 in his records. He believes these items were cited to characterize him in a negative light to further justify the actions taken by his superiors. He graduated from Georgia State University with a Bachelor of Arts Degree in Accounting. In support of his request, applicant provided a personal statement, and copies of his military personnel and medical records. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 22 Jun 79. He was progressively promoted to the grade of airman first class. He received two Airman Performance Reports (APRs) with overall ratings of 5 and 2 out of a possible 9 rating. On 18 May 81, applicant’s commander notified him that he was recommending he be discharged from the Air Force for frequent involvement of a discreditable nature with military authorities. The following is the basis of the commander’s recommendation: 1) He received an Article 15 on 4 Jan 80, for being disrespectful to a superior NCO; 2) He received an Article 15 on 4 Sep 80, for using disrespectful language towards a superior NCO; 3) On 17 Oct 80 the suspended reduction of the previous Article 15 was vacated for his being absent without leave (AWOL); 4) On 23 Jan 81, he was cited for operating a motor vehicle without a valid drivers license in his possession; 5) On 12 May 81, he received a Letter of Reprimand for operating a motor vehicle without a valid drivers license, vehicle not insured, and vehicle not properly registered; and 6) He received an Article 15 on 14 May 81, for attempting to steal a government meal. The applicant met with assigned counsel and submitted statements in his own behalf. The case file was found legally sufficient and the discharge authority approved the separation. He was discharged on 10 Jun 81, in the grade of airman, under the provisions of AFM 39-12, by reason of misconduct-frequent involvement with civil/military authorities, and received a general discharge, after having served for 1 year, 11 months, and 14 days. Pursuant to the Board’s request on 23 Jan 08, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided a copy of an Investigative Report, which is at Exhibit C. On 25 Feb 08, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. ________________________________________________________________ _ APPLICANT’S REVIEW OF THE FBI REPORT: Applicant states at the time he submitted his application, he based it on his active duty service records. Now, in light of recent correspondence, he would like to concentrate the scope of his focus on his post-service records and accomplishments. He is prepared to provide documentation pertaining to his accomplishments which include his Associate’s degree in Business Administration from Dekalb Community College, his Bachelor’s degree in Accounting from George State University, Mack Robinson School of Business. As a result of his academic excellence he is a member of Alpha Beta Gamma, which is a National Business Honor Society for Junior Colleges. After his discharge from the service in June 1981, he pursued his goals which included his education and employment. For more than five years after his discharge from the Air Force he remained gainfully employed in a host of jobs to include dish washer, parking attendant, security guard, taxi cab driver, customer service engineer, and sales and service management. In reviewing his FBI report, he found where the report lists some New Jersey arrests that were subsequently dismissed by the State. He submitted a petition to have these charges removed from his record. There is one conviction he is challenging through the courts in a remedy known as Post-Conviction Relief. With respect to any arrests taking place in the State of Georgia, occurring more than ten (10) years after his discharge and beyond the three (3) to five (5) years generally viewed as the amount of time required to establish sufficient post-service accomplishments to merit consideration by the AFBCMR, for the most part these arrests were mostly traffic related offenses which are not considered criminal offenses in most states. For any alcohol or dependency related offenses, he has sought and successfully completed intensive treatment. For any criminal offenses he pled guilty to, he currently has Heabus Corpuses [sic] submitted before the courts and is currently awaiting decisions from the courts. He has had a difficult life and has faced some tough challenges. Applicant’s complete response is at Exhibit E. ________________________________________________________________ _ 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 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 Docket Number BC-2007-03549 in Executive Session on 1 Apr 08, under the provisions of AFI 36-2603: The following documentary evidence pertaining to Docket Number BC-2007-03549 was considered: Exhibit A. DD Form 149, dated 15 Jul 07, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report of Investigation. Exhibit D. Letter, AFBCMR, dated 25 Feb 08. Exhibit E. Letter, Applicant, dated 4 Mar 08.