RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-02136
                                       INDEX CODE:  110.02
      XXXXXXXXXXXXXXXXX                      COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He wants to rejoin the Air Force to help the country in  the  fight  against
terrorism.

In  support  of  his  application,  he  provided   a   personal   statement,
documentation of his personal achievements,  and  character  references.   A
copy of the applicant’s complete submission with attachments is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

On 13 June 1980, the applicant enlisted in the Army Reserve at  the  age  of
17.  On 25 April 1982, he was honorably discharged  from  the  Army  Reserve
for completion of required service.  He served 1  year,  5  months,  and  13
days in the Army Reserve of which five months and three days  were  credited
as active duty.  On 26 April 1982, the applicant  enlisted  in  the  Regular
Air Force at the age of 19 in the grade of airman  (E-2)  for  a  period  of
four years.  While  in  the  Air  Force,  the  applicant  was  progressively
promoted to the grade of sergeant (E-4), effective and with a date  of  rank
of 22 January 1986.  He received five enlisted performance reports from  the
period 26 April 1982 to 2 October 1986 with overall ratings of 9, 9,  8,  8,
and 7.

The  applicant’s  disciplinary  record  includes   numerous   administrative
counselings  and  reprimands  for  a  variety   of   infractions   including
dereliction, failure to  go,  bad  debts,  and  driving  without  insurance.
Additionally, the applicant’s driving privileges were  revoked  following  a
British civil court conviction for driving while intoxicated (DWI).  He  was
entered into the Alcohol Rehabilitation Program but due to excess  no-shows,
failed in that program.   The  applicant’s  Non-Commissioned  Officer  (NCO)
status was vacated on 21 May 1986 as a result of his DWI conviction.

On 17 November 1986, his  commander  notified  the  applicant  that  he  was
recommending him for  a  general  discharge  under  AFM  39-10,  Chapter  5,
Section H, paragraph 5-47a, for a  pattern  of  misconduct.   The  applicant
acknowledged receipt and consulted appointed counsel.  On 18 November  1986,
the applicant waived his right to submit statements in his own  behalf.   On
21  November  1986,  the  applicant  received  nonjudicial  punishment   for
disorderly conduct.  His  punishment  consisted  of  reduction  in  rank  to
airman basic (E-1) with a date of rank of  21  November  1986  and  45  days
extra duty.  On 24  November  1986,  the  staff  judge  advocate  found  the
discharge file  legally  sufficient  and  recommended  a  general  discharge
without probation and rehabilitation.  On 1  December  1986,  the  discharge
authority  approved  the  recommended  separation  and  directed  that   the
applicant  be  discharged  with  a  general  (under  honorable   conditions)
discharge.  On 3 December 1986, the discharge recommendation was amended  to
include  the  applicant’s  prior  Army  Reserve  service.    The   applicant
acknowledged receipt and offered a conditional waiver  of  his  right  to  a
board hearing based on his receipt of no less than a general discharge.   On
8 December 1986, the acting staff judge  advocate  found  the  file  legally
sufficient and recommended the applicant’s conditional  waiver  be  accepted
and that he be separated with a  general  discharge  without  probation  and
rehabilitation.  On 12 December 1986, the discharge authority  approved  the
discharge with a general characterization of service  under  the  provisions
of AFR 39-10, paragraph 5-47a.

The applicant was separated with  a  general  (under  honorable  conditions)
discharge on 19 December 1986 with a separation  code  of  HKA  (misconduct-
pattern discreditable involvement with military or civil authorities) and  a
reenlistment code of 2B (discharged under  general  or  other-than-honorable
conditions).  He had served a total of five years and four  days  on  active
duty.

Pursuant to the Board’s request, the FBI indicated that on the basis of  the
data furnished, they were unable to locate an arrest  record  pertaining  to
the applicant.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states the  applicant’s  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation in affect at that time.   Additionally,  the  discharge
was within the discretion of the discharge  authority.   The  applicant  did
not provide any facts warranting a change  in  his  discharge,  nor  did  he
submit any new evidence or identify any errors or injustices  that  occurred
in his discharge processing.  The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states his appeal is not about there being an injustice done
to him.  He admits he made some stupid  mistakes  and  brought  the  whole
thing upon himself.  He was young and immature and felt he was  being  too
severely punished for a DWI, so he requested his release from active duty.
 When authorities responded that there was not enough cause to initiate an
AFR 39-10 discharge against him, he purposely gave them the incidents they
needed to proceed by skipping Social Actions appointments,  late  payments
on accounts, etc.  He has changed over the years and he wants  the  chance
to correct his mistakes.  He was a  good  troop  who  got  off  track  and
temporarily let alcohol ruin his career.  All he is asking for is a second
chance.

On 19 August 2004,  the  applicant  was  given  the  opportunity  to  submit
comments  about  his  post  service  activities.   The  applicant   provided
additional documentation of his personal  achievements  along  with  several
character references.  The applicant’s complete submission is 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 to timely file.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable injustice.  After a thorough review  of  the  evidence
of record we see no evidence to show  that  the  applicant’s  discharge  was
erroneous  or  unjust.   Nevertheless,  after  reviewing   the   applicant’s
submission,  we  are  of  the  opinion  that  the  applicant  has   provided
sufficient evidence to lead us to conclude that he  has  led  a  stable  and
productive life without any subsequent serious involvement of  a  derogatory
nature since his separation from the Air Force.  In view  of  these  factors
and in consideration of the applicant’s apparent immaturity at the  time  of
his enlistment, we believe an upgrade  of  his  discharge  to  honorable  is
warranted.  Accordingly, we recommend  that  his  records  be  corrected  as
indicated below.

_________________________________________________________________


THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be  corrected  to  show  that  on  19  December  1986,  he  was
honorably discharged  with  a  reenlistment  eligibility  (RE)  code  of  2C
(involuntary separation with  honorable  discharge)  and  was  furnished  an
Honorable Discharge certificate.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 14 October 2004, under the provisions of AFI 36-2603:

            Mr. Thomas S. Markiewicz, Chair
            Mr. John B. Hennessey, Member
            Mr. Alan A. Blomgren, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2004-02136
was considered:

     Exhibit A.  DD Form 149, dated 15 Jul,04 with atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 28 Jul 04.
     Exhibit D.  Letter, SAF/MRBR, dated 30 Jul 04.
     Exhibit E.  Applicant’s Rebuttal, dated 28 Aug 03
     Exhibit F.  Letter, AFBCMR, dated 19 Aug 04.
     Exhibit G.  Applicant’s Letter, dtd 27 Aug 04, with atchs.




                                  THOMAS S. MARKIEWICZ
                                  Chair


AFBCMR BC-2004-02136




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 XXXXXXXXXXXXXXXXXXXXXX, be corrected to show that on 19
December 1986, he was honorably discharged with a reenlistment eligibility
(RE) code of 2C (involuntary separation with honorable discharge) and was
furnished an Honorable Discharge certificate.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency