RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00651
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  28 JUNE 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

No contentions were presented in the applicant’s behalf.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  17  Apr  84  for  a
period of four years.  Highest grade held was airman (E-2).

On  26  Mar  85,   the   squadron   section   commander   initiated
administrative  discharge  action   against   the   applicant   for
misconduct,  specifically,  minor  disciplinary  infractions.   The
reasons for the proposed action were:

      On  10  Sep  84,  applicant  failed  to  attend  a  scheduled
appointment, for which he was given a Record of Counseling (RIC).

      On 5 Jan 85, applicant operated a passenger car on base while
drunk.  For this offense, he received Article 15  punishment.   The
punishment imposed consisted of a suspended reduction in  grade  to
airman basic, forfeiture of $150 per  month  for  two  months,  and
15 consecutive days of extra duty.  Additionally,  the  applicant’s
base driving privileges were suspended.

      On 6 Feb 85, applicant operated a motor vehicle at a speed of
35 miles per hour in a 25 mile per hour  zone,  for  which  he  was
given a speeding citation.   Additionally,  he  failed  to  obey  a
lawful order not to  drive  on  base.   For  this  misconduct,  the
suspended reduction  was  vacated  and  he  was  given  Article  15
punishment consisting of forfeiture of $140 and 14 consecutive days
of extra duty.

On that same date, applicant acknowledged receipt of the  discharge
notification.   On  29  Mar  85,  after  consulting  with  counsel,
applicant  submitted  statements  in  his  own  behalf,  where   he
apologized for his misconduct.   On  1  Apr  85,  the  staff  judge
advocate found the case legally sufficient to support discharge and
recommended   a   general   discharge   without    probation    and
rehabilitation  (P&R).   On  5  Apr  85,  the  discharge  authority
approved a general discharge, without P&R.


On 9 Apr 85, applicant  was  discharged  under  the  provisions  of
AFR 39-10 by reason of Misconduct - Pattern of  Minor  Disciplinary
Infractions, with service characterized as general (under honorable
conditions).  He was credited with 11 months and 23 days of  active
duty service.

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, West Virginia, provided an investigative
report which is attached at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based  on
the documentation in the file, they found the discharge  consistent
with the procedural and substantive requirements of  the  discharge
regulation.  Additionally,  the  discharge  was  within  the  sound
discretion of the discharge authority.  They also  noted  applicant
did  not  submit  any  new  evidence  or  identify  any  errors  or
injustices that occurred in the discharge processing  and  provided
no other facts warranting a change to his character of service.

A complete copy of the evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 25 Mar 05 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit E).

On 20 Apr 05, a copy  of  the  FBI  report  was  forwarded  to  the
applicant for comment.   At  that  time,  the  applicant  was  also
invited to provide additional evidence pertaining to his activities
since leaving the  service  (Exhibit  F).   As  of  this  date,  no
response has been received by this office.

___________________________________________________________________

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.   The  discharge
appears to be in compliance with the governing regulations  and  we
find no evidence to indicate that his separation from the Air Force
was inappropriate.  We find no evidence of error in this  case  and
after  thoroughly  reviewing  the  documentation  that   has   been
submitted in support of applicant's appeal, we do  not  believe  he
has suffered from an injustice.  In addition, based on his  overall
record of service, the contents of the FBI Report of Investigation,
and the absence of evidence related to his post-service  activities
and accomplishments, we are not persuaded that an  upgrade  of  the
characterization of his discharge is  warranted  on  the  basis  of
clemency.

___________________________________________________________________

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 AFBCMR Docket  Number
BC-2005-00651 in Executive  Session  on  26  May  2005,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Kathy L. Boockholdt, Member
      Ms. Renee M. Collier, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Mar 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 23 Mar 05.
    Exhibit E.  Letter, SAF/MRBR, dated 25 Mar 05.
    Exhibit F.  Letter, AFBCMR, dated 20 Apr 05, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair