RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2005-00310
            INDEX NUMBER: 110.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  29 Jul 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable and the reason for his  discharge  be
changed to a more positive statement, i.e., medical - motorcycle injury.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He entered the Air Force fresh out of  high  school.   While  he  made  some
regrettable mistakes, he was committed to the mission and believes  he  made
a positive contribution to the Air Force.  His  misfortune  began  upon  his
purchase of a motorcycle which resulted in several traffic violations.

The applicant states  that  in  today’s  competitive  workplace  every  edge
possible is required as a  provider  of  one’s  family.   By  providing  the
requested relief he will not have to explain a  perceived  “black  mark”  in
his records which will help his career and  improve  his  opportunities  for
advancement.  He is currently married with two children and strives to be  a
responsible, model citizen by  being  involved  in  community  efforts,  his
children’s schools, and coaching youth.

In support of the appeal,  applicant  submits  documentation  regarding  his
post-service activities.

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

_________________________________________________________________







STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force  on  3 December
1986.  He was progressively promoted to the grade  of  airman  first  class.
He suffered a broken right leg  in  an  automobile  accident  involving  his
motorcycle and a US Government vehicle on 16 November 1988, during  a  heavy
downpour of rain with a very wet pavement.  His injury was  determined  “Not
in Line of Duty, Due to Own Misconduct.”

On 6 January 1989, he was notified of the commander’s  intent  to  recommend
his discharge for a pattern  of  misconduct,  conduct  prejudicial  to  good
order and discipline.  The bases for the proposed action  were  that,  on  5
March 1988, the applicant was  found  speeding,  for  which  he  received  a
Letter of Reprimand (LOR); on 21 June  1988,  his  driving  privileges  were
suspended due to numerous on base traffic infractions; on 4 September  1988,
he violated a direct order and was found  driving  on  base,  for  which  he
received an Article 15, dated 15 September 1988, resulting  in  a  suspended
reduction to the grade of airman, forfeiture of  $150.00  per  month  for  2
months, and 30 days of extra duty; and, that on or about 17  November  1988,
he willfully disobeyed a lawful order to not  operate  a  motor  vehicle  on
Travis AFB for a period of two years, for which the suspended reduction  was
vacated.  He was found medically  qualified  for  worldwide  service  on  10
January 1989.  He received a general discharge  on  27 January  1989,  under
the provisions of AFR 39-10 (Misconduct -  Pattern  Conduct  Prejudicial  to
Good Order and Discipline).  He completed a total of 2 years, 1  month,  and
25 days of active service and was serving in the grade of  airman  (E-2)  at
the time of discharge.

Pursuant to the Board’s request, the Federal Bureau of Investigation  (FBI),
Clarksburg, WV, was requested to provide  an  investigative  report  on  the
applicant; however, they indicated that on the basis of the data  furnished,
they were unable to locate an arrest record (Exhibit E).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
based on the documentation in the applicant’s master personnel records,  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  Further, the  applicant  did  not  submit  any
evidence  or  identify  any  errors  or  injustices  that  occurred  in  the
processing of his discharge.

The AFPC/DPPRS 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 11 February 2005 for review and response within 30 days.  However, 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.   In  this  respect,  we  note  that  the
applicant’s discharge  appears  to  be  in  compliance  with  the  governing
regulation in effect at the time of his separation and that he was  afforded
all the rights to which entitled. Furthermore, he provides no evidence  that
his separation for misconduct was inappropriate or that he should have  been
medically discharged.  On 10 January 1989, he was found medically  qualified
for worldwide service and to be in  good  health  aside  from  his  recently
broken leg.  In view of the above, and there being insufficient evidence  to
the contrary, we find no compelling basis to recommend granting  the  relief
sought.

_________________________________________________________________

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-2005-00310
in Executive Session on 20 April 2005, under the provisions of AFI 36-2603:

                       Ms. B. J. White-Olson, Panel Chair
                       Ms. Ann-Cecile M. McDermott, Member
                       Ms. Jan Mulligan, Member


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jan 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 4 Feb 05.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Feb 05.
    Exhibit E.  Request for FBI Information, dated 11 Mar 05.




                                   B. J. WHITE-OLSON
                                   Panel Chair