RECORD OF PROCEEDINGS


         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01354
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

2.  His last couple of Airman Performance Reports (APRs) be upgraded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His last couple of APR’s were in error, which his  commander  used  to
justify discharging him.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered into the Air Force on 19 May 1980, for a  period
of four years.

On  13 January  1986,  his  commander  notified  him,  that   he   was
recommending he be discharged, under  the  provisions  of  AFR  39-10,
Administrative Separation of Airmen, for misconduct.   The  basis  for
the action was that on 1 January 1986, he  operated  a  motor  vehicle
with an open container of alcoholic beverage  and  possessed  a  small
quantity of marijuana and received a Letter of Reprimand; on or  about
8 August 1985, he  failed  to  go  at  the  time  prescribed,  to  his
appointed place of duty and received a  Letter  of  Reprimand;  on  or
about 16 September 1984, without authority, he failed  to  go  at  the
time prescribed, to his  appointed  place  of  duty  and  received  an
Article 15; on or  about  9 August  1984,  he  failed  to  go  to  his
appointed place of duty at the prescribed time and received  a  Letter
of Reprimand; and on or about 18 June 1984, he failed  to  go  to  his
appointed place of duty at the prescribed time and received  a  Letter
of Counseling.

He acknowledged receipt of the  notification  and  elected  to  submit
statements on his own behalf.  The base legal office  found  the  case
was legally sufficient to support discharge.  He was discharged  on  6
February 1986, under  the  provisions  of  AFR  39-10,  Administrative
Separation of Airmen, for  Misconduct-Pattern  of  Minor  Disciplinary
Infractions, with a general (under  honorable  conditions)  discharge.
He served a total 5 years,  8  months  and  27  days  of  active  duty
service.

The applicant submitted an application  to  the  Air  Force  Discharge
Review Board (DRB) requesting his general (under honorable conditions)
discharge be upgraded to honorable.  On 29 April 1988, the DRB  denied
his request on the grounds of  finding  the  applicant’s  disciplinary
infractions justified the discharge characterization, which wasn’t too
harsh or inappropriate.  (Exhibit B)

                   PERIOD ENDINGS            OVERALL EVALUATION


      *13 Dec 85                     6

                    *13 Aug 84                     8
                     13 Aug 83                     9
       30 Nov 82                     8
       30 Nov 81                     8

       31 Jan 81                     9



*Contested Reports


Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, provided a copy of an Investigation Report  pertaining
to the applicant, which is at Exhibit G.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based on the documentation on  file  in
the master personnel records, the discharge was  consistent  with  the
procedural and substantive requirements of the  discharge  regulation.
The discharge was within the discretion of  the  discharge  authority.
The AFDRB previously reviewed all the evidence of record and concluded
the discharge was  consistent  with  the  procedural  and  substantive
requirements of the discharge regulation and within the discretion  of
the discharge authority and  that  the  applicant  was  provided  full
administrative due process.   The  Board  further  concluded  that  no
change  in  applicant’s  character  of  service  was  warranted.   The
applicant did not submit any new evidence or identify  any  errors  or
injustices that occurred in the discharge processing.  He provided  no
other facts warranting a change to his character of service.

The DPPRS evaluation is at Exhibit C.

AFPC/DPPPE recommends  denial.   A  review  of  the  comments  by  the
evaluators of both reports clearly indicates the applicant had  areas,
which  needed  improvement.   The  applicant  did  not   provide   any
supporting documentation to prove his APR’s were written inaccurately.
 Requesting a change to any evaluation report requires the concurrence
from the evaluators.  The applicant failed to  provide  support.   Air
Force policy is that an evaluation report is accurate as written  when
it becomes a matter of record.  There  are  no  errors  or  injustices
cited in the 13 August 1984 and 13 August 1985 APR’s.  The  fact  that
the applicant feels he should  be  rated  above  average  is  not  his
decision.  It is the evaluator’s decision to rate  the  applicant,  as
they deem necessary.

The DPPPE evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
18 Jun 04, for review and comment within 30 days.  As  of  this  date,
this office has received no response.

On 29 July 2004, a copy  of  the  FBI  Report  was  forwarded  to  the
applicant for review and response within 15 days.  As  of  this  date,
this office has received no response.

_________________________________________________________________

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 an error or injustice to warrant  changing  his  last
two APRs  or  his  discharge.   After  careful  consideration  of  the
available evidence, we found no indication that the actions  taken  to
affect his discharge were improper or contrary to  the  provisions  of
the governing regulations in effect at the time, or that  the  actions
taken against the applicant were based on factors other than  his  own
misconduct.  In regard to the applicant’s request that  his  last  two
APRs be upgraded, we note that  he  did  not  provide  any  supporting
documentation to prove his APR’s were inaccurate.  Therefore, we agree
with the opinions and recommendations of  the  Air  Force  offices  of
primary responsibility 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 to the contrary,  we
find no compelling basis to recommend granting the  relief  sought  in
this application.

_________________________________________________________________

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-2004-
01354 in Executive Session on 14 September 2004, under the  provisions
of AFI 36-2603:

                 Ms. Olga M. Crerar, Panel Chair
                 Mr. James W. Russell III, Member
                 Mr. John B. Hennessey, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated Apr 04.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 14 Jun 04.
      Exhibit D. Letter, AFPC/DPPPE, dated 2 Jun 04.
      Exhibit E. Letter, SAF/MRBR, dated 18 Jun 04.
      Exhibit F. Letter, AFBCMR, dated 29 Jul 04.
      Exhibit G. Letter, FBI Report, dated 21 Jul 04.





      OLGA M. CRERAR
      Panel Chair