RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-02136
INDEX CODE:  110.02
	XXXXXXXXXXXXXXXXX				COUNSEL: NONE

	XXXXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His general discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He wants to rejoin the Air Force to help the country in the fight against terrorism.  

In support of his application, he provided a personal statement, documentation of his personal achievements, and character references.  A copy of the applicant’s complete submission with attachments is at Exhibit A.

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STATEMENT OF FACTS:

On 13 June 1980, the applicant enlisted in the Army Reserve at the age of 17.  On 25 April 1982, he was honorably discharged from the Army Reserve for completion of required service.  He served 1 year, 5 months, and 13 days in the Army Reserve of which five months and three days were credited as active duty.  On 26 April 1982, the applicant enlisted in the Regular Air Force at the age of 19 in the grade of airman (E-2) for a period of four years.  While in the Air Force, the applicant was progressively promoted to the grade of sergeant (E-4), effective and with a date of rank of 22 January 1986.  He received five enlisted performance reports from the period 26 April 1982 to 2 October 1986 with overall ratings of 9, 9, 8, 8, and 7.  

The applicant’s disciplinary record includes numerous administrative counselings and reprimands for a variety of infractions including dereliction, failure to go, bad debts, and driving without insurance.  Additionally, the applicant’s driving privileges were revoked following a British civil court conviction for driving while intoxicated (DWI).  He was entered into the Alcohol Rehabilitation Program but due to excess no-shows, failed in that program.  The applicant’s Non-Commissioned Officer (NCO) status was vacated on 21 May 1986 as a result of his DWI conviction.  

On 17 November 1986, his commander notified the applicant that he was recommending him for a general discharge under AFM 39-10, Chapter 5, Section H, paragraph 5-47a, for a pattern of misconduct.  The applicant acknowledged receipt and consulted appointed counsel.  On 18 November 1986, the applicant waived his right to submit statements in his own behalf.  On 21 November 1986, the applicant received nonjudicial punishment for disorderly conduct.  His punishment consisted of reduction in rank to airman basic (E-1) with a date of rank of 21 November 1986 and 45 days extra duty.  On 24 November 1986, the staff judge advocate found the discharge file legally sufficient and recommended a general discharge without probation and rehabilitation.  On 1 December 1986, the discharge authority approved the recommended separation and directed that the applicant be discharged with a general (under honorable conditions) discharge.  On 3 December 1986, the discharge recommendation was amended to include the applicant’s prior Army Reserve service.  The applicant acknowledged receipt and offered a conditional waiver of his right to a board hearing based on his receipt of no less than a general discharge.  On 8 December 1986, the acting staff judge advocate found the file legally sufficient and recommended the applicant’s conditional waiver be accepted and that he be separated with a general discharge without probation and rehabilitation.  On 12 December 1986, the discharge authority approved the discharge with a general characterization of service under the provisions of AFR 39-10, paragraph 5-47a.  

The applicant was separated with a general (under honorable conditions) discharge on 19 December 1986 with a separation code of HKA (misconduct-pattern discreditable involvement with military or civil authorities) and a reenlistment code of 2B (discharged under general or other-than-honorable conditions).  He had served a total of five years and four days on active duty.  

Pursuant to the Board’s request, the FBI 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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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states the applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation in affect at that time.  Additionally, the discharge was within the discretion of the discharge authority.  The applicant did not provide any facts warranting a change in his discharge, nor did he submit any new evidence or identify any errors or injustices that occurred in his discharge processing.  The DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states his appeal is not about there being an injustice done to him.  He admits he made some stupid mistakes and brought the whole thing upon himself.  He was young and immature and felt he was being too severely punished for a DWI, so he requested his release from active duty.  When authorities responded that there was not enough cause to initiate an AFR 39-10 discharge against him, he purposely gave them the incidents they needed to proceed by skipping Social Actions appointments, late payments on accounts, etc.  He has changed over the years and he wants the chance to correct his mistakes.  He was a good troop who got off track and temporarily let alcohol ruin his career.  All he is asking for is a second chance.  
On 19 August 2004, the applicant was given the opportunity to submit comments about his post service activities.  The applicant provided additional documentation of his personal achievements along with several character references.  The applicant’s complete submission is at 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.  Sufficient relevant evidence has been presented to demonstrate the existence of probable injustice.  After a thorough review of the evidence of record we see no evidence to show that the applicant’s discharge was erroneous or unjust.  Nevertheless, after reviewing the applicant’s submission, we are of the opinion that the applicant has provided sufficient evidence to lead us to conclude that he has led a stable and productive life without any subsequent serious involvement of a derogatory nature since his separation from the Air Force.  In view of these factors and in consideration of the applicant’s apparent immaturity at the time of his enlistment, we believe an upgrade of his discharge to honorable is warranted.  Accordingly, we recommend that his records be corrected as indicated below.

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 19 December 1986, he was honorably discharged with a reenlistment eligibility (RE) code of 2C (involuntary separation with honorable discharge) and was furnished an Honorable Discharge certificate.  

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The following members of the Board considered this application in Executive Session on 14 October 2004, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number BC-2004-02136 was considered:

     Exhibit A.  DD Form 149, dated 15 Jul,04 with atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 28 Jul 04.
     Exhibit D.  Letter, SAF/MRBR, dated 30 Jul 04.
     Exhibit E.  Applicant’s Rebuttal, dated 28 Aug 03
     Exhibit F.  Letter, AFBCMR, dated 19 Aug 04.
     Exhibit G.  Applicant’s Letter, dtd 27 Aug 04, with atchs.

AFBCMR BC-2004-02136

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to XXXXXXXXXXXXXXXXXXXXXX, be corrected to show that on 19 December 1986, he was honorably discharged with a reenlistment eligibility (RE) code of 2C (involuntary separation with honorable discharge) and was furnished an Honorable Discharge certificate.