RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00725
            INDEX CODE:  110.02
            COUNSEL:  VA

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  3 JUNE 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He made a mistake.  He  was  21  years  old  and  never  thought  about  his
actions.  He would like a second chance.  His discharge is an  embarrassment
to him and his  family.   He  runs  his  family  business  and  is  a  good,
responsible family man.

In support of  the  application,  he  submits  excerpts  from  his  military
personnel record, character reference letters, and  documentation  from  the
veteran’s  service  office.   The  applicant's  complete  submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 May 1984, the applicant enlisted in the Regular Air Force  at  the  age
of 20 in the grade of airman basic (E-1) for a period of 4  years.   He  was
progressively promoted to the rank of senior airman  effective  and  with  a
date of rank of 1 May 1987.

The following is a resume of Airman Performance Reports  (APRs),  commencing
with the report closing 30 April 1985.

            PERIOD ENDING    PROMOTION RECOMMENDATION

            30 April 1985         9
            23 October 1985       9
            15 July 1986          8
            14 February 1987      9
            2 October 1987        8 (referral)

His favorable communications, citations and awards include a certificate  of
appreciation, and  several  letters  of  thanks  and/or  appreciation.   His
decorations include the Air Force Training  Ribbon,  Air  Force  Outstanding
Unit Award, and the Air Force Good Conduct Medal.

On 15 April 1986, the applicant was given a Letter of  Reprimand  (LOR)  for
driving while intoxicated.  On 13 October 1987,  he  was  given  a  LOR  for
driving while intoxicated.  On 13 November 1987, the  applicant’s  commander
notified the applicant that he was recommending he  be  separated  from  the
Air Force under the provisions of AFR 39-10, paragraph 5-49d, Commission  of
a  Serious  Offense/Other  Serious  Offenses.   The  applicant  acknowledged
receipt of the notification and, after consulting  military  legal  counsel,
submitted a statement on his behalf.  On 25 November 1987,  a  legal  review
of the discharge case file by  the  staff  judge  advocate  found  the  file
legally sufficient and  recommended  the  applicant  be  discharged  with  a
general (under honorable conditions) discharge without the  opportunity  for
probation  or  rehabilitation.   The  discharge   authority   approved   the
recommendation for discharge and directed  he  be  given  a  general  (under
honorable conditions) discharge without the  opportunity  for  probation  or
rehabilitation.  He had served 3 years, 7 months and 7 days on active duty.

In response to the Board’s request, the FBI indicated they  were  unable  to
identify with an arrest record pertaining to the applicant on the  basis  of
information furnished (Exhibit D).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  states  that   based   on   the
documentation on file in the master personnel  records,  the  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation, and within the discretion of the discharge  authority.
 DPPRS concludes the applicant did not submit any evidence or  identify  any
errors or  injustices  that  occurred  during  the  discharge  process,  and
provided no facts warranting a change to his character of service.

DPPRS’s evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  the  applicant  for
review and comment on 18 March 2005.  On 29 March 2005,  the  applicant  was
invited to submit information pertaining to his
post-service accomplishments.  As of this date, this office has received  no
response to any of the before mentioned correspondence (Exhibit D).

_________________________________________________________________

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 an error or  injustice  warranting  upgrading  the  applicant’s
discharge.  There is no indication in the available record  the  applicant’s
discharge  was  improper.   It  appears  the  applicant  is  requesting  his
discharge be upgraded based on the clemency consideration  of  a  successful
post-service  adjustment.   Although  the  applicant   has   provided   some
information concerning post-service activities,  we  find  this  information
insufficient to warrant approval  of  the  requested  relief  based  on  the
limited quality and quantity, especially in view of the  fact  that  it  has
been almost 18 years since his separation.   Should  he  provide  statements
from community leaders and acquaintances attesting  to  his  good  character
and   reputation,   and   other   evidence   of   successful    post-service
rehabilitation, in particular, evidence showing he has overcome the  problem
that led to his separation, we would be  willing  to  reconsider  this  case
based on the new evidence.  We cannot, however, recommend approval based  on
the current evidence of record.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an error or injustice 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 this application in  Executive
Session on 10 August 2005, under the provisions of AFI 36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Ms. Patricia R. Collins, Member
                 Ms. Jan Mulligan, Member

The following documentary evidence was considered in AFBCMR BC-2005-00725:

     Exhibit A.  DD Form 149, dated 23 Feb 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 18 Mar 05;
     Exhibit D.  Letter, SAF/MRBR, dated 18 Feb 05; and,
            Letter, AFBCMR, dated 29 Mar 05 w/atch.





                                   MICHAEL J. NOVEL
                                   Panel Chair