ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-1992-02212
            INDEX NUMBER:  110.02

            COUNSEL:  GARY MYERS

            HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His narrative reason for separation be changed to  “Convenience  of
the Government” and  his  Reenlistment  Eligibility  (RE)  code  be
changed from 2C to 1.

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RESUME OF CASE:

On 12 January 1993, the AFBCMR considered and denied an application
submitted by applicant requesting that his  reason  for  separation
and his Reenlistment Eligibility (RE)  code  be  changed.   For  an
accounting  of  the  facts  and   circumstances   surrounding   the
application, and the rationale  of  the  earlier  decision  by  the
Board, see the Record of Proceedings (ROP) at Exhibit E.

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APPLICANT CONTENDS THAT:

Counsel contends that in its earlier decision,  the  AFBCMR  denied
applicant’s request for relief on the theory that  a  2C  code  was
required  for  an   involuntary   discharge   with   an   honorable
characterization.  They [counsel and applicant]  did  not  disagree
with that view, noting  instead  that  the  reason  for  separation
should have been changed to “convenience of the  government.”   Had
that been done, the separation would not have been involuntary  and
the RE code could have been changed to a “1.”  They argued that  an
honorable discharge was inconsistent with a narrative reason of  “a
pattern of misconduct.”  This was a purely equitable argument.

Applicant is now in his thirties and has been a contributing member
of society and is now on the cusp of becoming an Air Force officer,
if the Board grants the relief requested in the nature of  clemency
by August 2004.  He is in his second year of  ROTC  at  Mississippi
State University, seeking to become an Air Force officer and cannot
accomplish this goal without a change in his RE code.

Documents submitted in support of applicant’s appeal  included  the
applicant’s initial appeal, the decision of the Air Force Discharge
Review Board (AFDRB), statements from  applicant’s  ROTC  commander
and his father, documents associated  with  his  Civil  Air  Patrol
activities, his college transcript, and letters of  reference  from
members of his ROTC detachment.

Counsel’s complete submission is attached at Exhibit F.

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STATEMENTS OF FACTS:

Applicant enlisted in the Regular Air Force on 12  Dec  88,  for  a
period four years in the grade of airman first class.

On 2 Nov 89, the squadron commander notified the applicant that  he
was recommending he be discharged from the Air Force for misconduct
- pattern of minor disciplinary infractions.  The  commander  cited
the following reasons  for  the  proposed  discharge  action:   (1)
Letter of counseling on 5 Jul 89, for  driving  a  security  police
vehicle outside the Phoenix Housing area; (2) Memorandum for record
on 12 Jul 89, placed in member’s PIF, concerning prior  counselings
for his arrogant attitude and  immature  behavior;  (3)  Record  of
individual counseling on 19 Jul 89, for excessive speed and driving
recklessly while responding to a red alert; (4) Letter of reprimand
(LOR) on 27 Aug 89, for using  poor  judgment  while  dealing  with
public, thus, violating the Security Police Code of  Ethics,  which
resulted in a complaint of harassment; (5) Article 15 on 6 Sep  89,
for wrongfully appropriating a military working  dog,  property  of
the USAF; punishment imposed consisted of a suspended reduction  to
the grade of airman, suspended forfeitures of $100  per  month  for
two months, and 30 days correctional custody; (6) Vacation  of  the
suspended reduction due to dereliction of duty for using  profanity
toward a child while on duty as a gate guard; and (7) LOR on 30 Oct
89, for two non-moving violations - improper display of  auto  tags
and driving too fast for conditions and inattentive driving.

After  consulting  with  military  counsel,   applicant   submitted
statements in his own behalf.  The staff judge advocate  found  the
case file legally sufficient to support discharge.   The  discharge
authority approved the separation and directed a general  discharge
without probation and rehabilitation.

On 22 Nov 89, applicant was discharged  in  the  grade  of  airman,
under the provisions of  AFR  39-10,  by  reason  of  misconduct  –
pattern   of   minor   disciplinary   infractions,   with   service
characterized as under  honorable  conditions  (general),  and  was
issued RE Code 2B (involuntarily separated under AFR 39-10  with  a
general discharge).  He was credited with 11 months and 11 days  of
active military service.

On 24 Feb 92,  applicant  appeared,  with  counsel,  and  testified
before the Air Force Discharge Review Board (AFDRB) requesting  his
discharge be upgraded to honorable and  the  reason  for  discharge
changed.  After  review  of  the  evidence  of  record,  the  AFDRB
upgraded applicant’s discharge  from  a  general  (under  honorable
conditions) to an honorable discharge on  28  Feb  92.   The  Board
found no basis to change the narrative reason for discharge.  Based
on the change to the characterization of applicant’s discharge, his
RE  Code  was  administratively  changed  to  RE-2C  (involuntarily
separated under AFR 39-10 with an honorable discharge).  A copy  of
the AFDRB Hearing Record is appended  to  counsel’s  submission  at
Exhibit F.

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THE BOARD CONCLUDES THAT:

1.  After careful consideration  of  the  evidence  of  record  and
counsel’s most recent submission,  we  find  insufficient  relevant
evidence has been presented demonstrating the existence of an error
or injustice warranting  corrective  action.   The  basis  for  the
applicant’s involuntary separation for misconduct is  supported  by
the evidence of record; i.e., several incidents of minor misconduct
involving dereliction of duty as a law enforcement specialist, non-
moving vehicle violations, and counselings regarding  his  attitude
and behavior.  We find no evidence of error in this case and  after
reviewing the documentation submitted in support of his appeal,  we
do not believe he has suffered from an injustice.  The applicant is
to be commended for his  post-service  achievements.   However,  in
view of the number of disciplinary infractions in his short  period
of service, and having found no error or injustice with respect  to
the discharge action, we are not persuaded that a change of  reason
for separation and a change  to  his  reenlistment  eligibility  is
warranted on the basis of clemency.

2.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issues  involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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.

___________________________________________________________________

The following members of the Board considered Docket Number BC-1992-
02212 in Executive Session on 17 August 2004, under the  provisions
of AFI 36-2603:



      Mr. Roscoe Hinton Jr., Panel Chair
      Ms. Renee M. Collier, Member
      Mrs. Barbara R. Murray, Member

The following documentary evidence was considered:

    Exhibit E.  ROP, AFBCMR Docket Number BC-92-02212.
    Exhibit F.  Letter, Counsel, dated 1 Jun 04, w/atchs.




                                   ROSCOE HINTON JR.
                                   Panel Chair