RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-03126
		INDEX CODE:  110.02, 100.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded and his Reentry (RE) code of 2B (involuntarily separated under AFR 39-10, with a general or under other than honorable conditions (UOTHC) discharge) be changed.

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APPLICANT CONTENDS THAT:

He was judged unfairly by his commander while serving on active duty from 15 May 85 to 5 Mar 87.  He also served one year in the Air Force Reserve prior to his active duty without incident.  His records with the New Jersey Army National Guard (NJARNG) speak for itself.  He feels he has proven himself and that he can be a real asset to the Air Force.  He had a few minor incidents a few years ago; however, he was never given an opportunity to redeem himself.

In support of his appeal, the applicant submits a personal statement and extracts from his NJARNG military records.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

During the period under review, the applicant enlisted in the Regular Air Force on 15 May 85.  

On 23 Jan 87, the squadron commander initiated administrative discharge action against him for minor disciplinary infractions.  The specific reasons for the proposed action follow:

	a.  On 7 Jul 86, he received a traffic ticket on 8 Jun 86, for speeding on base.  For this offense, his driving privileges were suspended for 30 days.

	b.  On 11 Jul 86, he was intoxicated and failed to report for duty.  For this offense, he received a Letter of Reprimand (LOR).

	c.  On 31 Jul 86, the applicant failed to go to a Social Actions appointment and was counseled on 31 Jul 86.

	d.  On 31 Jul 86 and 11 Aug 86, he received a dishonored check notification for which collection action was authorized.

	e.  on 29 Sep 86, he received an Article 15 for driving while his driving privileges were revoked.  His punishment consisted of a suspended reduction in the grade to airman and forfeiture of $200.00 per month for two months.  

On 10 Feb 87, after consulting with counsel, the applicant submitted statements in his own behalf.  On 19 Mar 87, his commander provided an addendum to the recommendation for discharge and added the following additional reasons for discharge:

	a.  On 11 Feb 87, the applicant left his appointed place of duty, without authority.  For this offense, he received a vacation of his previously suspended reduction to airman.

	b.  On 3 Mar 87, he cut the sleeves of his utility uniform with scissors.  For which he was given an LOR.  

The applicant’s counsel requested a postponement of the discharge action because a Medical Evaluation Board (MEB) was convening to determine the applicant’s medical fitness for future military service.  His request was denied and his case was processed as a dual-action case.  The applicant’s AFR 35-4 was processed at the same time and referred to the Secretary of the Air Force Personnel Council (SAFPC).  On 25 Mar 87, the assistant staff judge advocate found the case file legally sufficient and recommended a general (under honorable conditions) discharge.  He noted that some of the minor infractions were due to his medical condition.  On 27 Mar 87, the discharge authority directed the applicant receive a general (under honorable conditions) discharge.  On 15 Apr 87, SAFPC directed the applicant be discharged under AFR 39-10 and terminated his medical discharge action under the provisions of AFR 35-4.

On 23 Apr 87, the applicant was discharged under the provisions of AFR 39-10, by reason of misconduct-pattern of minor disciplinary infractions, with service characterized as general (under honorable conditions).  He was credited with 2 years, 3 months and 22 days of active duty service.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated on the basis of data furnished, they are unable to locate an arrest record (Exhibit C).

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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 regarding his general (under honorable conditions) discharge.  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.  

4.  Notwithstanding the above, in respect to the applicant’s request to change his RE code of 2B, we believe that some form of relief is warranted.  We acknowledge the circumstances surrounding the applicant’s separation.  Nevertheless, given his service with the Army National Guard, the lack of derogatory information since leaving active duty, and his desire to continue to serve his country with the Air National Guard, we believe he should be afforded an opportunity to serve.  Therefore, we recommend his RE code be changed to “3K,” which is a code that can be waived for prior service enlistment consideration, provided he meets all other requirements for enlistment under an existing prior service program.  Whether or not he is successful will depend on the needs of the service and our recommendation in no way guarantees he will be allowed to return to any branch of the service.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was discharged on 23 April 1987 with an RE code of “3K.”

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The following members of the Board considered AFBCMR Docket Number BC-2008-03126 in Executive Session on 19 May 2007, under the provisions of AFI 36-2603:

XXXXXXXXXX, Panel Chair
XXXXXXXXXX, Member
XXXXXXXXXX, Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 18 Aug 08, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Negative FBI Notice.

                                   XXXXXXXXXX
                                   Panel Chair