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AF | BCMR | CY2003 | BC-2003-00586
Original file (BC-2003-00586.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-00586
            INDEX CODE 106.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1987 general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was immature and foolish when he  was  in  the  Air  Force  and  is
ashamed of his behavior that led to the discharge. After  he  had  two
driving under the influence (DUI) incidents following  his  discharge,
he realized he was on a path of destruction. He has changed  his  life
over the past 16 years. He received treatment,  removed  alcohol  from
his life, and remained sober for over 15  years.   He  has  worked  at
Boeing Commercial Aircraft  Company  for  15  years  and  advanced  in
position. He has had custody of his son for the past 12 years, raising
him alone and caring for him throughout serious medical situations. He
apologizes for his conduct, but  he  has  honestly  learned  from  his
mistakes.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 30 Dec 85  and  was
assigned to the 19th Field Maintenance Squadron  (19  FMS)  at  Robins
AFB, GA, as an airframe repair specialist.

His Enlisted Performance Report (EPR) for the period 20 Dec 85 through
29 Dec 86 has an overall rating of 8.

On 15 Aug 86, the applicant received a Letter of Reprimand  (LOR)  for
damaging a dormitory carpet when he spray-painted an item on it on  13
Aug 86.

A Record of Counseling (ROC) dated 19 Aug 86 indicates police detained
the applicant at a  public  place  on  16  Aug  86  for  his  underage
drinking. He received another ROC on 10 Sep 86 for not maintaining his
dorm room in inspection order on 8 Sep 86 and unlawfully storing a can
of turpentine in his locker.

On 16 Sep 86, the squadron commander imposed nonjudicial punishment on
the applicant in the form of a 30-day restriction to the  base  and  a
reduction from airman to airman basic, suspended until 15 Mar 87.  The
applicant’s offenses were wrongfully leaving base on or about  29  Aug
86 prior to commencement of his leave on 2 Sep 86, failing  to  return
to base on 5 Sep 86 and ending his leave in the local area, and making
a known false statement to the commander  on  9 Sep  86  that  he  had
departed the base around 2400  hours  on  1  Sep  87.   The  applicant
consulted counsel and submitted  a  written  presentation,  without  a
personal appearance. He did not appeal the Article 15, which was filed
in his Unfavorable Information File (UIF).

On 23 Sep 86, the applicant was denied  the  Air  Force  Good  Conduct
Medal (AFGCM) because of the Article 15.

On 18 Nov 86, the applicant was warned that he had  accumulated  eight
traffic points since 13 Sep 86 and  that  future  disregard  for  base
traffic rules would result in loss of on-base driving privileges.

On 19 Mar 87, the applicant was advised he would  not  be  recommended
for promotion to airman first class for six months because he was  not
making satisfactory progress in on-the-job (OJT) upgrade  training  to
the five-skill level.

On 8 Apr 87, the commander notified the applicant  of  his  intent  to
recommend a general discharge for the  incidents  that  triggered  the
LOR, the two ROCs, and the Article 15. The commander  also  cited  the
applicant for having a party in his dorm room  on  20  Mar  87  during
which time he unlawfully consumed alcohol and had two female guests in
his room after 2400 hours. The applicant consulted counsel and  on  15
Apr 87 provided a written response and four supporting statements from
supervisors and co-workers.

On 15 Apr 87, the commander recommended  the  applicant  be  separated
with a general characterization of service.  The  commander  indicated
the applicant had received an LOR for the dorm room incident on 20 Mar
87, which prompted  the  AFR  39-10  action.  The  commander  did  not
recommend probation and rehabilitation (P&R).

The case was  found  legally  sufficient  on  21  Apr  87;  a  general
discharge without P&R was recommended.

On 22 Apr 87, the discharge authority approved the separation  and  on
28 April  87  the  applicant  was  discharged  for  misconduct  (minor
disciplinary infractions) in the grade of airman with 1 year, 3 months
and 29 days of active service and a general characterization.

Pursuant to the Board's request, the Federal Bureau  of  Investigation
(FBI), Washington,  D.C.,  provided  an  investigative  report,  which
confirms the applicant’s admitted two DUI incidents and is attached at
Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  believes  the  discharge  was  consistent   with   the
procedural and substantive requirements of  the  discharge  regulation
and within the discretion of the discharge  authority.  The  applicant
has provided no new evidence or facts of error or injustice warranting
an upgrade. Therefore, denial is recommended.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided letters with regard to his character and  post-
service  activities.  He  also  included  a  post-service   employment
history.

A complete copy of  applicant’s  response,  with  attachments,  is  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 an injustice to  warrant  upgrading  the  applicant’s
general discharge. No evidence has been presented which would lead  us
to believe his discharge was improper or  contrary  to  the  directive
under which it was  effected.  Nevertheless,  we  note  the  applicant
blames no one but himself  for  his  misconduct  and  seems  genuinely
remorseful. Given his  successful  transition  to  civilian  life,  as
evidenced by the post-service documentation he provided indicating  he
has been a law-biding citizen and a hard-working,  responsible  single
parent, we are of the opinion that  upgrading  his  discharge  on  the
basis of clemency would be appropriate. In  view  of  the  applicant’s
apparent rehabilitation, requiring him to continue bearing the  stigma
of his youthful transgressions  would  seem  unjust.  Accordingly,  we
recommended  the  applicant’s  general  discharge   be   upgraded   to
honorable.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to the APPLICANT, be corrected to  show  that,  on  28  April
1987, he was honorably discharged and furnished an Honorable Discharge
certificate.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 8 July 2003 under the provisions of AFI 36-2603:

                 Mrs. Barbara A. Westgate, Chair
                 Mr. Roscoe Hinton, Jr., Member
                 Ms. Carolyn J. Watkins-Taylor, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2003-00586 was considered:

   Exhibit A.  DD Form 149, dated 7 Feb 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 11 Mar 03.
   Exhibit E.  Letter, SAF/MRBR, dated 21 Mar 03.
   Exhibit F.  Letter, AFBCMR, dated 2 May 03
   Exhibit G.  Letter, Applicant, dated 17 May 03, w/atchs.




                                   BARBARA A. WESTGATE
                                   Chair





AFBCMR BC-2003-00586




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      be corrected to show that, on 28 April 1987, he
was honorably discharged and furnished an Honorable Discharge
certificate.





         JOE G. LINEBERGER

         Director

         Air Force Review Boards Agency

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