RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01109
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  general  (under  honorable  conditions)  discharge   be   upgraded   to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He would like his general (under honorable  conditions)  discharge  upgraded
to honorable.

In support of the application, he submits  his  DD  214,  travel  orders,  a
certificate of recognition, a letter from  the  National  Personnel  Records
Center, two Air Force Good Conduct Medal letters,  a  Promotion  Withholding
letter, two  Reenlistment  Ineligibility  letters,  a  Veteran’s  Outpatient
Dental Treatment letter, a March of Dimes  1980  Super  Ride  letter,  three
Certificates of Training, and  a  Veterans  of  Foreign  Wars  letter.   The
applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 26 August 1980, the applicant enlisted into the Regular Air Force at  the
age of 18 in the grade airman basic (E-1) for a period of 4 years.   He  was
progressively promoted to the grade of airman first  class  (E-3)  effective
and with a date of rank of 26 August 1981.

On 26 October 1983, the applicant failed to pass a weekly  room  inspection.
For this incident, he received a record of counseling.  On 6  January  1984,
the applicant disobeyed a lawful  order  issued  by  his  commander  not  to
operate any vehicle within the limits of his  base  or  any  other  military
installation.  For this incident, he was reduced  to  the  grade  of  Airman
(suspended) and forfeited $100.00 for two months (one month suspended).   On
20 January 1984,  the  applicant  failed  to  report  for  work.   For  this
incident, he  received  a  record  counseling.   On  29  January  1984,  the
applicant was involved in an affray while  communicating  a  threat  in  his
barracks.  For this incident, he received an Article 15 (suspended).  On  14
February 1984, the applicant failed to go at  the  time  prescribed  to  his
appointed place of duty.  For this incident, he received an Article  15  and
was reduced to the grade of airman.

On 29 March 1984, the applicant was incarcerated and charged  with  reckless
driving/driving while intoxicated.  For this incident, he was fined  $500.00
and sentenced to 90 days in jail.

On 5 April  1984,  the  applicant’s  commander  notified  him  that  he  was
recommending that he be discharged from the Air Force under AFR  39-10,  for
Minor Disciplinary Infractions.  The applicant was advised  of  his  rights,
consulted counsel, and waived his right to  submit  statements  in  his  own
behalf.  The discharge case file was reviewed by the Assistant  Staff  Judge
Advocate,  and  was  found  legally  sufficient.   The  discharge  authority
approved the recommendation on 16 May 1984, and directed that the  applicant
be  discharged  from  the  service  and  furnished   a   General   Discharge
certificate.

On 22 May 1984, the applicant  was  discharged  under  honorable  conditions
(general) for Misconduct-Pattern of Minor Disciplinary Infractions-No  Board
Entitlement.  He served three years, seven months, and two  days  on  active
duty.  He had 55 days of lost time due to confinement.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an investigative report pertaining to the  former  member
(Identification Record No. 560313FA7), which is at Exhibit E.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  DPPRS states based  on  the  documentation
on file in the master personnel records, the discharge was  consistent  with
procedural and substantive requirements of  the  discharge  regulation,  and
the discharge was within the discretion of the discharge  authority.   DPPRS
notes the applicant did not submit any evidence or identify  any  errors  or
injustices that occurred in the discharge processing,  nor  did  he  provide
any  facts  warranting  a  change  to  his  character  of  service.    DPPRS
evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the advisory opinion was forwarded to  the  applicant  for  review
and comment on 23 April 2004.  On  17  September  2004,  the  applicant  was
invited to submit information pertaining  to  his  post-service  activities.
On 24 September 2004, the applicant was forwarded a copy of the  FBI  report
for his review and comments.  As of this date, this office has  received  no
response to the aforementioned correspondence (Exhibit D).

_________________________________________________________________

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.   After  careful  consideration  of  the
applicant’s requests and  the  available  evidence  of  record,  we  do  not
believe an upgrade of his characterization of service is  appropriate.   The
applicant has provided no evidence that would lead us to  believe  that  the
information in his discharge case file is erroneous,  that  his  substantial
rights were violated, or that  his  commanders  abused  their  discretionary
authority.  We therefore  have  no  basis  to  conclude  his  discharge  was
erroneous or unjust.  In addition, absent  evidence  showing  the  applicant
made a successful post-service adjustment, we are not inclined to  favorably
consider clemency in the  form  of  an  upgraded  discharge  in  this  case.
Accordingly, the applicant’s request is not favorably considered.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate
the  existence  of  probable  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  this  application  in
Executive Session on 16 November 2004, under the provisions  of  AFI  36-
2603:

           Ms. Marilyn M. Thomas, Vice Chair
           Ms. Kathleen F. Graham, Member
           Ms. Janet I. Hassan, Member

The following documentary  evidence  was  considered  for  AFBCMR  Docket
Number BC-2004-01109:

     Exhibit A.  DD Form 149, dated 29 March 04 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 16 Apr 04.
     Exhibit D.  Letter, SAF/MRBR, dated 23 Apr 04.
       Letter, AFBCMR, dated 17 Sep 04.
       Letter, AFBCMR, dated 24 Sep 04.
     Exhibit E.  FBI Report.




                                  MARILYN M. THOMAS
                                  Vice Chair