RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01446
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  03 NOVEMBER 2006

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He has grown since he was 18 years old.  He is currently 35  years  of
age.  He would consider any upgrade an accomplishment.

In support of the appeal, applicant submits a portion of his  DD  Form
293.  Applicant's complete submission, with attachment, is at  Exhibit
A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  19  June  1986  for  a
period of four years.  He was progressively promoted to the  grade  of
airman on 19 December 1986.  He received one Airman Performance Report
(APR) closing 18 June 1987 in which the overall evaluation was “6.”

On 14 December 1987, the applicant’s commander notified  him  that  he
was recommending discharge from the Air Force for  minor  disciplinary
infractions.  The commander  was  recommending  applicant  receive  an
under honorable conditions (general) discharge based on the following:
 (1)  On  10  December  1986,  he  received  a  Record  of  Individual
Counseling for failure to report to duty at the prescribe  time.   (2)
On 5 January 1987,  he  received  a  Letter  of  Reprimand  for  being
disrespectful to a superior noncommissioned officer.  (3)  On  22  May
1987, he received a Letter of Admonishment for failure  to  report  to
duty at the prescribed time.  (4) On  20  May  1987,  he  received  an
Article 15 for unlawfully striking another airman on  the  face.   The
punishment consisted of a reduction to the grade of airman  basic,  an
order to perform extra duties for 45 days and  forfeiture  of  $100.00
for one month.  (5) 16 October 1987, he received  an  Article  15  for
being  disrespectful  to  a  superior   commissioned   officer.    The
punishment consisted of forfeiture of $50.00.  Applicant  acknowledged
receipt of the notification of discharge  and  after  consulting  with
legal counsel, waived his  right  to  submit  statements  in  his  own
behalf.  The base legal office reviewed the  case,  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  that  applicant  be  discharged  with  an  under   honorable
conditions (general) discharge without probation and rehabilitation.

Applicant was separated from the Air Force on 29 December  1987  under
the provisions of  AFR  39-10,  Administrative  Separation  of  Airmen
(misconduct - pattern of  minor  disciplinary  infractions),  with  an
under honorable conditions (general) discharge.  He had served 1 year,
6 months and 11 days on active duty.

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

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AIR FORCE EVALUATION:

AFPC/DPPRS states 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.    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.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 May 2005, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and response within 30 days.  On 3 June 2005,
the applicant was invited to provide  information  pertaining  to  his
activities since leaving the service.  On 7 July 2005, a copy  of  the
FBI Report was forwarded to the  applicant  for  review  and  comments
(Exhibit E).  As of this date, no response has been received  by  this
office

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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.  Evidence has not  been  provided
that would lead us to believe the applicant’s discharge was  erroneous
or unjust.  There is nothing in  the  available  evidence  that  would
indicate the information in the discharge case file was erroneous, his
substantial rights were  violated,  or  his  commanders  abused  their
discretionary authority.  In addition, other than his assertions,  the
applicant has provided no evidence showing that, since his separation,
he  made  a  successful  post-service  adjustment  or   refuting   the
information in the FBI report.  In the absence of any  such  evidence,
we have no basis on which to favorably consider this application.

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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  this  application  in
Executive Session on 25 August 2005 and 12 September 2005,  under  the
provisions of AFI 36-2603:

                 Mr. Gregory H. Petkoff, Panel Chair
                 Ms. Jean A. Reynolds, Member
                 Ms. Sharon B. Seymour, Member

The following documentary evidence was considered in  connection  with
BC-2005-01446:

      Exhibit A.  DD Form 149, dated 1 May 05, w/atch.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, FBI Report.
      Exhibit D.  Letter, AFPC/DPPRS, dated 12 May 05.
      Exhibit E.  Letters, SAF/MRBR, dated 20 May 05, and
                 AFBCMR, dated 3 Jun and 7 Jul 2005.




                             GREGORY H. PETKOFF
                             Panel Chair