RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00519
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  16 AUGUST 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under honorable conditions  (general)  discharge  be  upgraded  to
honorable and his reenlistment eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes the discharge for being late a few minutes to work was not
fair or just.  At this time, he was young and had some  problems.   He
had agreed to stay in Germany and  was  given  a  new  job;  when  his
assignment came out he decided to take it, which upset his lieutenant.
 This started his problems.

In support of the appeal, applicant submits a personal statement and a
portion of his discharge package.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 12 February 1986 for  a
period of six years.   He  received  two  Airman  Performance  Reports
(APRs) closing 11 February 1987 and 11 February  1988,  in  which  the
overall evaluations were “8,” and “9.”

On 1 June  1988,  applicant’s  commander  notified  him  that  he  was
recommending discharge from  the  Air  Force  for  minor  disciplinary
infractions.  The  commander  stated  he  was  recommending  applicant
receive an under honorable conditions (general) discharge based on the
following:  (1) He received two Articles 15; first,  on  or  about  11
December  1986,  he  drove  a  vehicle  while  he   was   intoxicated.
Punishment consisted of reduction to the grade of airman,  ordered  to
forfeit of $150 pay per month for two months and  restriction  to  the
limits of Hahn AB for 60 days; but the execution  of  the  portion  of
this punishment which provided for reduction to airman  was  suspended
until 28 June 1987, at which time, unless sooner vacated, it would  be
remitted without further action.  Second, on or about 10 May 1988,  he
failed to go to his appointed place of duty.  Punishment consisted  of
reduction to the grade of airman, restriction to  the  limits  of  his
base for 45 days, and 45 days of extra  duty.   (2)  He  received  two
Letters of Reprimand (LORs); first, on 29 March 1988, he was  derelict
in the performance of his duties in that he created a safety hazard by
leaving a vehicle containing explosives  unattended  with  the  engine
running and the wheels were not chocked.  Second, on 1 April 1988,  he
was derelict in the performance of his duties in that he was  observed
sleeping in a 10-ton tractor and he should have been loading munitions
with his crew.

Applicant acknowledged receipt of the notification  of  discharge  and
after consulting with legal counsel, he submitted  statements  in  his
own behalf.  The wing legal office reviewed the case file and found it
legally sufficient to support  separation  and  recommended  applicant
receive an under  honorable  conditions  (general)  discharge  without
probation and rehabilitation.  The discharge  authority  approved  the
separation and directed the applicant  be  discharged  with  an  under
honorable  conditions  (general)  discharge  without   probation   and
rehabilitation.

Applicant was separated from the Air Force on 7 July  1988  under  the
provisions  of  AFR  39-10,  Administrative   Separation   of   Airman
(misconduct - pattern of  minor  disciplinary  infractions),  with  an
under honorable conditions  (general)  discharge.   He  had  served  2
years, 4 months and 26 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg,  West  Virginia,  indicated  on  the  basis  of  the  data
furnished they were unable to locate an arrest record (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  states  that  the  discharge  was  consistent   with   the
procedural and substantive requirements of the  discharge  regulation.
The discharge was within the discretion of  the  discharge  authority.
Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 4 March 2005, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and response within  30  days.   On  17 March
2005, applicant was invited to provide information pertaining  to  his
activities since leaving the service.  As of this  date,  this  office
has received no response (Exhibit E).

Applicant provided a statement saying after his discharge from the Air
Force he was unemployed for approximately two weeks.  He then  took  a
job driving a paver for a construction company and also  worked  part-
time doing security.  He then went from doing security  to  installing
alarm systems.  On  12  December  1988,  he  started  part-time  as  a
corrections officer for the a county Sheriff’s Office.  He  was  later
promoted to corporal and sergeant in 1994 and 1997  respectively.   In
October of 2001, he was reassigned as a full-time patrol officer.   As
part of his patrol duties he covers 20 rural communities.  In December
of 2004, he was selected as the Deputy Sheriff of  the  year  for  the
County Sheriff’s Office.  He was also awarded the presidential heroism
award from the State Sheriff’s  Association  for  2004  for  his  life
savings efforts in helping to save a person from a burning vehicle.  A
copy of applicant’s response, with attachments, is at Exhibit F.

_________________________________________________________________

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 error or injustice.  While there is no indication in  the
evidence provided that the  applicant’s  discharge  was  erroneous  or
unjust,  we  believe  favorable  consideration  of   the   applicant’s
requested based on clemency is appropriate.  It appears  that  in  the
seventeen years since his separation, the applicant made a  successful
post-service adjustment and is considered an upstanding member of  his
community.  In view of the above, it is our  opinion  the  applicant’s
discharge should be upgraded to honorable based on clemency.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 7 July 1988, he was
honorably discharged and furnished an Honorable Discharge certificate.

_________________________________________________________________

The following members of the Board considered this application, AFBCMR
Docket No. BC-2005-00519, in Executive Session on 19 April 2005, under
the provisions of AFI 36-2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Mr. Frederick R. Beaman III, Member
              Mr. Michael V. Barbino, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 7 Feb 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 28 Feb 05.
   Exhibit E.  Letters, SAF/MRBR, dated 4 Mar 05, and AFBCMR,
               dated 17 Mar 05, w/atch.
   Exhibit F.  Applicant’s Response, dated 29 Mar 05, w/atchs.




                                   CHARLENE M. BRADLEY
                                   Panel Chair




AFBCMR BC-2005-00519




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 APPLICANT, be corrected to show that on 7 July 1988,
he was honorably discharged and furnished an Honorable Discharge
certificate.








 JOE G. LINEBERGER

 Director

 Air Force Review Boards Agency