RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02257
		INDEX CODE:  110.02

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable and the narrative reason changed to resignation. 

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APPLICANT CONTENDS THAT:

He was discharged under honorable conditions because of financial irresponsibility and numerous traffic tickets.  He was a compulsive gambler and believes treatment rather than discharge would have been appropriate.  He has not gambled since 23 Apr 01.  As a result, his financial picture has greatly improved and he has not had a traffic ticket in ten years.

In support of his appeal, applicant submitted a personal statement; a copy of a credit score, dated 22 Jun 04, and a copy of DD Form 214, Certificate of Release or Discharge from Active Duty, dated 9 Feb 84.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant, a Reserve officer, entered active duty on 23 Jan 77.  Prior to the events under review, he was promoted to the grade of captain with an effective date and date of rank of 1 Jan 81.

On 25 Aug 83, the wing commander recommended action be initiated in accordance with AFR 36-2, Administrative Discharge Procedures, based on the applicant’s incidents of tardiness, failure to repair, several letters of indebtedness documented in his unfavorable information file (UIF), and several motor vehicle accidents and traffic violations.

On 31 Aug 83, applicant acknowledged receipt of the administrative discharge action and that he had been afforded the opportunity to consult legal counsel.  He further acknowledged he understood the procedures involved and his rights and options.

On 7 Oct 83, a board of officers determined that the allegations were sufficient to require applicant to show cause for retention in the Air Force.

On 17 Oct 83, applicant was notified that a selection board convened under AFR 36-2 determined he must show cause for retention in the Air Force.  On 24 Oct 83, after consulting with counsel, applicant did not tender his resignation and waived consideration of his case by a Board of Inquiry.  The staff judge advocate reviewed the case file and found it legally sufficient and supported the initiation of the discharge action.  

On 20 Jan 84, the Deputy for Air Force Review Boards ordered the appointment of the applicant as a Reserve officer be terminated and that he be discharged under honorable conditions.

On 9 Feb 84, applicant was discharged from all appointments, under the provisions of AFR 36-12, by reason of involuntary discharge - unfit, unacceptable conduct, with service characterized as under honorable conditions.  He was credited with a total of 7 years and 17 days of active duty.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 23 August 2004, that, on the basis of data furnished, they are unable to locate an arrest record (Exhibit C).

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based on available documentation in the file, they found the discharge consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the sound discretion of the discharge authority.  They also noted applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing and provided no other facts warranting a change to character of service.  

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 Aug 04 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).

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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.  The discharge appears to be in compliance with the governing regulations and we find no evidence to indicate that his separation from the Air Force was inappropriate.  We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of applicant's appeal, we do not believe he has suffered from an injustice.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application.

4.  Although the applicant did not specifically request consideration based on clemency, we also find insufficient evidence to warrant a recommendation that the discharge be upgraded on that basis.  We considered applicant's overall quality of service, the events which precipitated the discharge, and the information related to his post-service activities and accomplishments.  On balance, we do not believe clemency is warranted.

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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-2004-02257 in Executive Session on 19 October 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Jul 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 11 Aug 04
    Exhibit E.  Letter, SAF/MRBR, dated 13 Aug 04.