RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-00988
            INDEX CODES:  A67.01, 100.06
                             107.00

            COUNSEL:

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:


His reenlistment eligibility (RE) code of 2B be changed.

His records be corrected to reflect award of  the  Small  Arms  Expert
Marksmanship Ribbon, Air Force  Good  Conduct  Medal,  and  Air  Force
Achievement Medal.

By amendment, his general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The RE code was incorrect for the discharge he was given.

He was awarded the decorations but they  were  not  reflected  in  his
records.

In support of his appeal, the applicant provided a copy of his DD Form
214 (Exhibit A).

Pursuant to the Board’s  request,  by  letter,  undated,  the  counsel
provided additional evidence  for  the  Board’s  consideration,  which
included  a  personal  statement  from  the  applicant   and   several
supportive documents (Exhibit C).

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular  Air  Force
on 19 Mar 81 in the grade of airman basic for a period of 4 years.  He
entered his last enlistment on 19 Mar 85, on which date, he reenlisted
for a period of four years.  Prior to the events under review, he  was
progressively promoted to the grade of sergeant.

Applicant’s  Airman/Enlisted  Performance  Report  (APR/EPR)   profile
follows:

      PERIOD ENDING     EVALUATION

      18 Mar 82        9
      16 Sep 82        8
      16 Sep 83        8
       7 Jun 84        7
      15 Mar 85        9
      15 Mar 86        9
       9 Jan 87        9


On 5 Mar 87,  the  applicant  received  nonjudicial  punishment  under
Article 15 for failure to go at the time prescribed to  his  appointed
place of duty on 23 Feb 87.  He was reduced from the grade of sergeant
to the grade of airman  basic  and  ordered  to  undergo  correctional
custody for 30 days.  However, the reduction to the  grade  of  airman
basic was suspended until 4 Sep 87, at which time it would  have  been
remitted.  Applicant’s noncommissioned officer (NCO) status  was  also
vacated on 5 Mar 87.

On 9 Mar 87, the  commander  remitted  the  unserved  portion  of  the
punishment which called for 30 days of correction custody.

On 13 Mar 87, the applicant’s suspended  reduction  to  the  grade  of
senior airman was vacated because he was disrespectful to  a  superior
commissioned officer, by stating publicly that he had no intention  of
complying with the punishment imposed under Article 15, on 5  Mar  87.
However, the portion of the  punishment  which  called  for  reduction
below the grade of airman first class was set aside.

On 10 Mar 87, the applicant’s commander notified the applicant he  was
recommending that the applicant be discharged for  minor  disciplinary
infractions pursuant to AFR 39-10, paragraph 5-46.  The applicant  was
advised of his rights in the matter and that a general discharge would
be recommended.

In a legal review of the discharge case file, dated  24  Mar  87,  the
Staff Judge Advocate recommended that the discharge authority  approve
the discharge action and direct that the applicant be discharged  with
a general discharge, without suspension of the discharge for probation
and rehabilitation.

On 24 Mar 87, the discharge authority approved  the  discharge  action
and directed that the  applicant  be  furnished  a  general  discharge
without suspension of the discharge for probation and rehabilitation.

On 27 Mar 87, the applicant was discharged under the provisions of AFR
39-10 (Misconduct - Minor Disciplinary Infractions)  and  furnished  a
general discharge.  He was assigned an RE code  of  2B  (Involuntarily
separated with a general or  under  other  than  honorable  conditions
(UOTHC) discharge).  He was credited with 10 years and 9 days of total
active duty service.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Washington, D.C., indicated on the basis of the  data  furnished  they
were unable to locate an arrest record.

_________________________________________________________________

AIR FORCE EVALUATION:

The Air Force Discharge Review Board (AFDRB) considered and denied the
applicant’s  request  that  his  general  discharge  be  upgraded   to
honorable and his narrative reason for  separation  be  changed.   The
AFDRB found that neither the evidence of record nor that  provided  by
the applicant substantiated an inequity  or  impropriety  which  would
justify  a  change  of  discharge.   The  AFDRB  concluded  that   the
applicant’s  discharge  was  consistent  with   the   procedural   and
substantive requirements of the discharge regulation  and  was  within
the discretion of the discharge authority, and that the applicant  was
provided full administrative due process.  In view  of  the  foregoing
findings, the AFDRB further concluded that no legal or equitable based
existed for upgrade of the applicant’s  discharge  or  change  of  his
reason for separation.

A complete copy of the AFDRB Brief is at Exhibit D.

The  Recognition   Programs   Branch,   AFPC/DPPPRA,   reviewed   this
application and recommended denial  of  the  applicant’s  request  for
award of the Small Arms Expert Marksmanship  Ribbon,  Air  Force  Good
Conduct Medal, and Air Force Achievement Medal.  According to  DPPPRA,
the applicant’s records did not contain any documentation, and he  was
unable  to  furnish  any,  that  verified  his  eligibility  for   the
decorations.

A complete copy of the DPPPRA evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, counsel indicated it was clear from  the  applicant’s
service record that the quality of his service for the majority of his
career was outstanding.  Furthermore, for  the  ten  years  since  his
discharge, the applicant has led a very stable and successful life.

According to counsel, the basis for the discharge proceedings  against
the applicant was an alleged pattern of misconduct,  consisting  of  a
failure to report and being disrespectful to an officer.  Based  on  a
review of the record, it was  clear  that  the  only  misconduct  that
supported the discharge was  a  failure  to  report  and  the  alleged
statement “I’m not going to  CC  tomorrow  or  ever.”   That  was  the
pattern  of  misconduct   that   justified   this   discharge.    More
importantly,  that  was  the  misconduct  that  offset  six  years  of
favorable  service,  resulting  in  the  applicant  not  receiving  an
honorable discharge.  If the applicant’s situation  had  been  handled
correctly, he would have  either  gotten  past  his  difficulties  and
stayed in the Air Force, or, in any event, he would have  received  an
honorable discharge.  Consequently, they now ask that the  mistake  be
corrected and that the hardship be removed.  This can only be done  by
upgrading the applicant’s discharge.

Counsel’s  complete  response  and  additional  documentary   evidence
(applicant’s statement) are at Exhibit G.

_________________________________________________________________

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 regarding the applicant’s request that
his general discharge be upgraded to honorable.  No evidence has  been
presented  which  would  lead  us  to  believe  that  the  applicant’s
discharge was improper or contrary to the directive under which it was
effected.  Nevertheless, in view of the applicant’s  overall  military
service and the post-service documentation he has provided, we believe
that upgrading  the  applicant’s  discharge  to  honorable,  based  on
clemency, would be appropriate.  Accordingly, we  recommend  that  the
applicant’s general discharge be upgraded to honorable.   However,  we
are not inclined to change the applicant’s RE code to one  that  would
allow him the opportunity  for  further  military  service.   In  this
respect, we are not convinced that the  behaviors  which  led  to  his
separation would not recur if  he  were  again  to  enter  the  highly
regimented military environment.  Therefore, the  applicant’s  request
that his RE code be changed is not favorably considered.

4.  With regard  to  the  applicant’s  request  that  his  records  be
corrected to reflect award  of  the  Small  Arms  Expert  Marksmanship
Ribbon, Air Force Good Conduct Medal, and Air Force Achievement Medal,
we agree with the opinion and recommendation of the Air  Force  office
of primary responsibility (OPR) and adopt their rationale as the basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  Therefore, in the
absence of evidence that the applicant was entitled to the  respective
decorations, his request is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 27 Mar 87, he  was
honorably discharged and furnished an Honorable Discharge certificate.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 10 Dec 98, under the provisions of AFI 36-2603:

      Mr. Henry C. Saunders, Panel Chair
      Ms. Ann L. Heidig, Member
      Ms. Sophie A. Clark, Member

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

     Exhibit A.  DD Form 149, dated 22 Mar 97, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, applicant, undated, w/atchs.
     Exhibit D.  Letter, AFPC/DPPPRA, dated 15 May 97.
     Exhibit E.  AFDRB Brief, dated 4 Nov 97.
     Exhibit F.  Letter, SAF/MIBR, dated 4 Dec 97.
     Exhibit G.  Letter, counsel, dated 2 Jan 98, w/atchs.




                                   HENRY C. SAUNDERS
                                   Panel Chair




AFBCMR 97-00988




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 APPLICANT, be corrected to show that on 27 Mar 87,
he was honorably discharged and furnished an Honorable Discharge
certificate.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency