RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2004-01604
        INDEX CODE 110.00  110.02  106.00
            COUNSEL:  VFW

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1992 general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was never charged with  any  crime  but  merely  detained  for  the
customary 20 hours and released. He violated no  Missouri  (MO)  state
statutes or city/county ordinances in the  carrying  of  his  weapons.
The judge ordered his record expunged.  Background checks for National
Guard enlistment show no arrest. Since there was no violation of  law,
there could not have been a breach of the  Uniform  Code  of  Military
Justice (UCMJ). He received a waiver  to  serve  in  the  MO  National
Guard, has risen through the ranks, been deployed twice, and  received
the  Purple  Heart  for  being  wounded  in  Iraq.  The  discharge  is
inequitable for the  Air  Force,  which  needs  highly  qualified  and
dedicated combat veterans, and for himself, as he wants to reenter the
Air Force Reserves. He believes  his  past  honorable  discharges  and
current honorable service have overshadowed any past misconduct.

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

_________________________________________________________________

STATEMENT OF FACTS:

The  following  information  was  extracted  from  the  official  Army
documents the applicant provided (Exhibit A) and from  his  Air  Force
military personnel records (Exhibit B).

The applicant enlisted in the Regular Air Force on 4 Oct  89  and  was
assigned to the ---- Security Police Squadron at Whiteman AFB, MO,  as
a security specialist.

On 26 Jul 91, the commander  imposed  Article  15  punishment  on  the
applicant in the form of  45  days  of  extra  duty  and  a  suspended
forfeiture of $439.00 pay per month for two months for violation of  a
lawful  general  regulation  by  wrongfully  chambering  a  round   of
ammunition in a firearm at Whiteman AFB on or  about  13 Jul  91.  The
applicant had submitted a written presentation, but did not appeal the
punishment.

On 17 Nov 92,  officers  of  the  Kansas  City  MO  Police  Department
arrested the applicant for carrying concealed weapons.  Apparently  he
had attempted to break up a fight in a bar (he was not involved in the
fight) by pulling out a handgun and allegedly claiming to be a cop.  A
second weapon was found on  his  person.  The  police  apparently  had
reasonable cause to  believe  he  was  in  violation  of  Kansas  City
Municipal Ordinances. The  applicant  was  detained  and  subsequently
released without prosecution.

On 2 Dec 92, the  commander  imposed  Article  15  punishment  on  the
applicant in the form of reduction from senior airman to airman  first
class and 60 days restriction for the incident  described  above.  The
applicant had submitted a written presentation, but did not appeal the
punishment.

On 10 Dec 92, the applicant was notified of his commander’s intent  to
recommend a general discharge for a pattern  of  misconduct.  The  two
Article 15s were cited. The applicant consulted counsel and, on 15 Dec
92, the commander recommended a general  discharge  without  probation
and rehabilitation (P&R). The  applicant  submitted  a  statement  for
consideration, requesting retention or an honorable  discharge.  Legal
review on 18 Dec 92 found the case sufficient to support discharge and
recommended a general discharge without P&R. The  discharge  authority
approved the general discharge without P&R.

On 23 Dec 92, the applicant was discharged  in  the  grade  of  airman
first class with a general characterization  for  misconduct  after  3
years, 2  months  and  20  days  of  active  duty.  He  was  issued  a
reenlistment eligibility (RE) code of 2B (Involuntarily separated with
general discharge).

Pursuant to the applicant’s petition to the Kansas City Circuit  Court
of Jackson County, MO, his records were ordered expunged on 6 Jul 93.

According to documents provided by the applicant, he has been employed
by the MO Department of Corrections a Correctional Center since 17 Oct
94.

On 6  Jan  95,  the  Air  Force  Discharge  Review  Board  denied  the
applicant’s request for an upgraded discharge.

On 6 Jul  98,  the  MO  Army  National  Guard  (MO  ARNG)  waived  the
applicant’s 2B RE code  and  allowed  him  to  enlist  as  a  military
policeman.

On 14 Jul 99, the applicant received the  Humanitarian  Service  Medal
for participation in Hurricane Mitch  Disaster  Relief  Operations  in
Central America.

He was promoted to the grade of sergeant on 6 Aug 01.

The applicant entered active duty on 4 Oct 01 in support of  Operation
Joint Guardian (Macedonia/Kosovo) and, after 7 months and 27  days  of
active duty, was honorably released on 31 May 02. He was  awarded  the
Army Achievement Medal, the Kosovo Campaign Medal, the NATO Medal, and
the National Defense Service Medal.

He served another active duty tour in support of  Operations  Enduring
Freedom/Iraqi Freedom from 24 Feb 03 to 15 Feb 04. During this period,
he was awarded the Army Commendation  Medal  for  valor  by  providing
medical attention to five soldiers and  one  civilian  injured  by  an
explosion  on  25  Jun  03,  a  second  Army  Commendation  Medal  for
meritorious service, and the Purple Heart after  being  struck  by  an
automobile that had attempted to run a traffic site on 29 Sep 03.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  concludes  the  discharge  was  consistent  with   the
procedural and substantive requirements of the  discharge  regulation,
and was within the discharge  authority’s  discretion.  The  Discharge
Review Board did not support an upgraded discharge.  Therefore,  DPPRS
recommends denial.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 4 Jun 04 for review and comment within 30  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 error or injustice. After a thorough  review  of  the
evidence of record and the applicant’s submission, a majority  of  the
Board is not persuaded his 1992 general discharge should  be  upgraded
to honorable.  We appreciate the applicant’s outstanding contributions
in the Army National  Guard.  His  participation  in  Operation  Joint
Guardian and Operations Enduring Freedom/Iraqi Freedom has earned  him
acclaim and decorations, to include  the  Purple  Heart.  However,  at
issue is the applicant’s performance with the Air Force. The 2 Dec  92
Article 15 for carrying concealed weapons and brandishing a handgun to
disperse a fight was not his only incident of misconduct.   On  26 Jul
91, the applicant received an Article 15 for wrongfully  chambering  a
round of ammunition into a firearm.  In  the  Board  majority’s  view,
these episodes during the applicant’s Air  Force  career  displayed  a
potentially serious lack of good judgment. The Board  majority  agrees
with the Air Force Discharge Review Board that the applicant’s general
discharge from the Air Force was consistent with  the  procedural  and
substantive requirements of the governing regulation  and  was  within
the discharge authority’s discretion. Therefore, the majority  of  the
Board finds no error or injustice warranting changing the  applicant’s
Air Force records. Further, the Board majority notes the 1992  general
discharge did not prevent his entry into the Army National  Guard,  or
his maturation as a responsible professional who has been promoted  to
the Army grade of sergeant, for which he is to be commended.  In  view
of the above and absent persuasive evidence to the contrary,  we  wish
the applicant every success, but the majority of the  Board  finds  no
compelling reason to grant the relief sought on the  basis  of  error,
injustice, or clemency.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 22 July 2004 under the provisions of AFI 36-2603:

                 Mr. Laurence M. Groner, Panel Chair
                 Ms. Cheryl V. Jacobson, Member
                 Ms. Jean A. Reynolds, Member

By a majority vote, the Board recommended denial of  the  application.
Ms. Jacobson voted to grant, but does not wish to  submit  a  Minority
Report. The following documentary evidence relating to  AFBCMR  Docket
Number BC-2004-01604 was considered:

   Exhibit A.  DD Form 149, dated 15 May 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 3 Jun 04.
   Exhibit D.  Letter, SAF/MRBR, dated 4 Jun 04.





                                   LAURENCE M. GRONER
                                   Panel Chair


AFBCMR BC-2004-01604


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                                        FOR CORRECTION OF MILITARY
RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of

      A majority of the Board concluded the applicant’s request to
upgrade his 1992 Air Force general discharge to honorable should be
denied.  Their decision was based primarily on his misconduct and
apparent lack of good judgment during his Air Force career, as
evidenced by his two Article 15s.  They further believed the
applicant’s reenlistment ineligibility waiver and subsequent entry in
the Missouri Army National Guard (ARNG) indicated he suffered no
continuing adverse effects from his general discharge.  The majority
of the Board found no basis in error, injustice, or clemency for
upgrading the characterization of the applicant’s Air Force service.

      I agree the 1992 separation proceedings appear proper and the
discharge’s general characterization may have been appropriate to the
existing circumstances at the time.  However, the evidence would also
indicate this individual has profoundly redeemed himself.  Since his
discharge, the applicant has been gainfully employed and, in 1998, the
Missouri ARNG waived his reenlistment ineligibility, allowing him to
enlist as a military policeman.  In 1999, he received the Humanitarian
Service Medal for participation in Hurricane Mitch Disaster Relief
Operations in Central America.  In 2001, he was promoted to the
Reserve grade of sergeant.  He performed an active tour of duty in
2001 in support of Operation Joint Guardian (Macedonia/Kosovo) and was
awarded the Army Achievement Medal, the Kosovo Campaign Medal, the
NATO Medal, and the National Defense Service Medal.  The applicant’s
second active duty tour in 2003-2004 was in support of Operations
Enduring Freedom/Iraqi Freedom.  He was twice decorated for
meritorious service and for valor by providing medical attention to
five soldiers and one civilian injured by an explosion.  Finally,
while in combat, he was awarded the Purple Heart after being struck by
an automobile that had attempted to run a traffic site security check.


      I am satisfied the applicant’s outstanding achievements since
his 1992 general discharge have overcome his earlier misconduct and
immaturity.  Our country has been well served by his special skills
and professionalism.  I therefore agree with the minority vote to
grant and direct the applicant’s 1992 general discharge from the Air
Force be upgraded to honorable.  Further, for consistency, his
Reenlistment Eligibility and Separation Program Designator codes
should be changed to 3K and KFF, respectively.




                                  JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency



AFBCMR BC-2004-01604




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 23 December 1992,
he was honorably discharged, furnished an Honorable Discharge
certificate, and issued a Reenlistment Eligibility code of 3K and a
Separation Program Designator code of KFF.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency