RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2008-02978
INDEX CODE:  112.10
								COUNSEL: NONE
								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His general (under honorable conditions) discharge be upgraded to honorable and his reentry (RE) code be changed so he may enlist in the Air Force Reserve.

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APPLICANT CONTENDS THAT:

He does not dispute his minor infractions and wishes he could reverse the decision for his discharge from the Air Force.  He has learned from his mistakes and wants another chance to prove himself and to his country that he not only can finish what he starts but will set new benchmarks for others to follow.  The Reserves have a dire shortage of his career field and he feels he can be an asset to his country. 

In support of his request, the applicant provides a copy of his DD Form 214, a copy of his divorce decree and marriage certificate, documentation associated with his nonjudicial punishment, and a copy of his Senator's letter of inquiry.  

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

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STATEMENT OF FACTS:

On 13 May 91, the applicant enlisted in the Regular Air Force in the grade of airman first class (E-3) for a period of four years.  He served as an Air Transportation Specialist.

On 10 Sep 92, he received a Record of Individual Counseling (RIC) for failure to report at the prescribed time to his appointed place of duty on 5 and 6 Sep 92.

On 10 Sep 92, he received an RIC for reporting 30 minutes late for duty.

On 8 Sep 92, he received an RIC for reporting late for duty.

On 8 Dec 92, he received a Letter of Reprimand for failure to perform his squadron details as instructed by the First Sergeant.

On 20 Apr 93, he received an LOR for driving without insurance on his vehicle and for failure to report this incident and his car accident to his First Sergeant.

On 28 Apr 93, he received nonjudicial punishment for being absent from his appointed place of duty.  His punishment consisted of reduction to the grade of airman and 30 days extra duty.  That portion of punishment having to do with reduction in grade was suspended until 26 Oct 93 unless sooner vacated.  

On 30 Apr 93, the applicant was notified of his commander’s intent to recommend him for discharge for minor disciplinary infractions under the provisions of Air Force Regulation (AFR) 39-10, with a general discharge.  On 3 May 93, the applicant acknowledged receipt of his commander’s intent, consulted counsel, and submitted a statement in his own behalf.  On 13 May 93, after considering the applicant’s submission, his commander recommended the applicant be separated with a general discharge without probation and rehabilitation (P&R).  On 17 May 93, the Staff Judge Advocate found the case to be legally sufficient.  On 19 May 93, the discharge authority approved the recommendations and directed discharge with a general discharge effective 20 May 93 with a separation code of JKN (misconduct – pattern of minor disciplinary infractions) and an RE code of 2B (discharged under general or other-than-honorable discharge).  He served a total of two years and nine days on active duty.  

On 19 Mar 04, the applicant submitted an application to the Air Force Discharge Review Board (AFDRB) requesting his general discharge be upgraded to honorable, to change the reason and authority for the discharge, and to change the reenlistment code.  The AFDRB denied his request.  

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated that on the basis of the data furnished, they were unable to locate an arrest record pertaining to the applicant.

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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 also considered the applicant's request to change his RE code; however, we do not find the evidence presented is sufficient to compel us to recommend granting relief.  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 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 Docket Number BC-2008-02978 in Executive Session on 18 Nov 08 under the provisions of AFI 36-2603:

			Panel Chair
			Member
Member

The following documentary evidence pertaining to Docket Number BC-2008-02978 was considered:

    Exhibit A.  DD Form 149, dated 30 Jul 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Negative FBI Investigative Report not dated .

                                   
                                   Panel Chair