RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01036
                       INDEX CODE:  110.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under honorable conditions  (general)  discharge  be  upgraded  to
honorable to allow him to serve in the South Carolina  National  Guard
during this time of conflict.

_________________________________________________________________

APPLICANT CONTENDS THAT:

There was a conflict between him and his counselor  at  the  time  the
decision was made to fail his rehabilitation.   He  believes  adequate
time has passed to excuse the  circumstances  surrounding  the  entire
incident of his youth.  He is requesting this upgrade because he  does
not  want  this  to  hinder  any  career  advancement  militarily   or
politically.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 9 March 1984, the applicant enlisted  in  the  Regular  Air  Force
(RegAF) as an airman (Amn) for a period of four years.

The applicant entered the Alcohol Rehabilitation Program on  21 April
1986.

On 16 June 1986, applicant was notified of his commander's intent  to
recommend  him  for  discharge   for   failure   in   alcohol   abuse
rehabilitation.  The specific reasons for the discharge action were:

      a.  Social Actions  notification  of  drug  or  alcohol  abuse,
21 May 1986, AF Form 2731.

      b.  Failure to rehabilitate, Letter dated 28 May 1986.

In the recommendation for discharge, the commander cited the following
derogatory information:

      a.  On 7 April 1986, the applicant received  an  Armed  Forces
ticket for excessive speed.

      b.  An Air Force Form 1569, dated 7 April 1986 was established
citing the applicant for driving while intoxicated (DWI).  For  this
infraction the applicant received an Article 15, suspended reduction
from airman first  class  to  airman,  $300  fine  and  30  days  of
correctional custody.

      c.  On 16 April 1986,  the  applicant  received  a  Letter  of
Reprimand (LOR) for driving  a  vehicle  with  an  altered  driver’s
license.

      d.  On 24 April 1986, the applicant was notified  his  driving
privileges were revoked for one year.

The commander advised the applicant of his right  to  consult  legal
counsel and that military legal counsel had been obtained  for  him;
and to submit statements in his  own  behalf;  or  waive  the  above
rights after consulting with counsel.

On  16  June  1986,  the  applicant  acknowledged  receipt  of   the
notification letter and that military counsel was made available  to
assist him; and after consulting with counsel, applicant invoked his
right to submit a statement.

A legal review was conducted on 16 June  1986  in  which  the  staff
judge advocate  recommended  the  applicant  be  discharged  with  a
general discharge with no probation and rehabilitation.

On 17 June 1986, the discharge authority approved the discharge.

Applicant was discharged on 18 June 1986, in  the  grade  of  airman
first class with a general (under honorable  conditions)  discharge,
in accordance with AFR 39-10 (Alcohol Abuse Rehabilitation Failure).
 He served two years, three months and ten days of active 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 (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states the applicant has not  submitted  any  evidence  nor
identified any errors or injustices that occurred in the processing of
his discharge.  Based upon the documentation in the applicant's  file,
they believe his discharge was  consistent  with  the  procedural  and
substantive requirements of the discharge regulations  of  that  time.
Also, the discharge was within the sound discretion of  the  discharge
authority.  Also, he did not provide any facts to warrant  an  upgrade
of his discharge.  Based on the information and evidence provided they
recommend the applicant's request be denied (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states his failure
to pass or succeed in the Alcohol Rehabilitation Program was  not  all
his fault.   It  was  due  to  a  disagreement  between  him  and  the
instructor.  He was given a choice to remain in  the  service  and  be
demoted from a high profile  senior  airman  position  to  an  airman.
Before the DUI incident, he was being considered for Officer  Training
School (OTS) and an overseas assignment to  Japan.   He  believes  his
punishment was harsh; he was placed in the brig for 24 hours,  on-base
detention for 6-8 weeks and lost two stripes.  Colonel G.  fought  for
him to receive the general  (under  honorable  conditions)  discharge.
Colonel G. believed he (the applicant)  deserved  the  benefits  of  a
veteran because  of  his  excellent  service  record.   The  applicant
further states he does not have any felony convictions  or  priors  of
any kind. He has only one blemish and that was bankruptcy due  to  his
divorce and his business partner abandoning obligations.

A complete copy of the applicant’s response is attached 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 of timely file.

3.    After a thorough review of the evidence  of  record  we  see  no
evidence to show that  the  applicant’s  discharge  was  erroneous  or
unjust.  However, we recognize the adverse impact of the discharge the
applicant received; and while it may have been
appropriate at the time, we believe it would be an injustice  for  the
applicant to continue to suffer from its effects.  In consideration of
the applicant’s apparent immaturity at the time of his enlistment, and
no  evidence  that  he  has  had  any  subsequent  involvement  of   a
degrogatory nature since his separation from the Air Force, we believe
that corrective action  is  appropriate  on  the  basis  of  clemency.
Accordingly, we recommend that his records be corrected to the  extent
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 18 June  1986,  he
was  honorably  discharged  and  furnished  an   Honorable   Discharge
certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-01036 in Executive Session on 2 June 2004, under  the  provisions
of AFI 36-2603:

                       Mr. Albert F. Lowas, Jr., Panel Chair
                       Mr. Charlie E. Williams, Jr., Member
                       Mr. Terry L. Scott, Member

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

   Exhibit A.  DD Form 149, dated 22 Mar 04, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 13 Apr 04.
   Exhibit E.  Letter, SAF/MRBR, dated 23 Apr 04.
   Exhibit F.  Letter, AFBCMR, dated 30 Apr 04, w/atch.
   Exhibit G.  Applicant’s Response, dated 14 May 04.




                                        ALBERT F. LOWAS, JR.
                                        Panel Chair







AFBCMR BC-2004-01036





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 18 June
1986, he was honorably discharged and furnished an Honorable Discharge
certificate.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency