RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01836
            INDEX CODE:  110.02

      XXXXXXXXXXXX     COUNSEL: NONE


      XXXXXXXXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  12 DEC 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment  eligibility  (RE)  code  and  narrative  reason  for
separation be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The statements in the remarks section of his DD Form 214,  Certificate
of Release or Discharge from Active Duty are unjust and he  should  be
allowed to enlist in the Air National Guard.

In support of his request, the applicant submits a personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
12 April 1983.

On 16 December 1986, the applicant was notified by his commander  that
he was recommending he be discharged from the Air Force for  character
and behavior disorder.  The basis for the action  was  on  7  November
1985, the applicant received a letter from a law office  in  reference
to his divorce action; on 28 May 1986, he received a letter  for  non-
support of dependents; on 25 September 1986, he received a letter from
Burlington County Probation Department, Mount Holly NJ in reference to
$548.00 in arrears as of 12 September 1986; on 26 September  1986,  he
received a letter of restriction to McGuire AFB, until 0800  hours  29
September  1986;  on  8 October  1986,  he  received   a   Bad   Check
Notification letter  at  Dix-McGuire  Consolidated  Exchange  for  his
dependent wife; on 14 October 1986 he received a Letter  of  Reprimand
(LOR) for not providing support for his dependent son; on  14  October
1986 he received a LOR for a civil action that resulted in  him  being
apprehended by civil authorities; on  20  October  1986,  he  received
Notification of Nonrecommendation for Promotion to staff sergeant  and
a Mental Health Evaluation Letter dated 20 October 1986.

He was advised of his rights in this matter.   He  consulted  counsel,
and submitted a conditional waiver of his rights  associated  with  an
administrative discharge board hearing contingent upon receipt  of  no
less than an honorable discharge.  He elected not to submit statements
in his own behalf.  The discharge authority approved the discharge and
directed an honorable discharge without probation and  rehabilitation.


On 9 February 1987, he was discharged  with  an  honorable  discharge,
under the  provisions  of  AFR  39-10,  Administrative  Separation  of
Airmen,  (conditions  that  interfere  with  military  service  -  not
disability -  character  and  behavior  disorder)  with  an  honorable
discharge.  He received an RE code of 2B “”Separated  (honorably)  for
exceeding body fat standards.

He served 3 years, 9 months and 28 days total active service.

On 1 February 1989, the applicant submitted an application to the  Air
Force Discharge Review Board (AFDRB) requesting his  narrative  reason
for discharge be changed to “family hardship or  related  reason”  and
his reenlistment eligibility code changed to permit reentry  into  the
military.

The AFDRB considered all the evidence  of  record  and  concluded  the
discharge  was  consistent  with  the   procedural   and   substantive
requirements of the discharge regulation and was within the discretion
of the discharge authority and that the applicant  was  provided  full
administrative due process.  The Board further concluded no  legal  or
equitable  basis  existed  for  changing  the  narrative  reason   for
discharge.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, provided a copy of an Investigation Report  pertaining
to the applicant, which is at Exhibit F.

_________________________________________________________________

AIR FORCE EVALUATION:

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.

The discharge was within the discretion of  the  discharge  authority,
the applicant did not submit any new evidence or identify  any  errors
or injustices that occurred in the discharge processing,  nor  did  he
provide any facts warranting a change  to  his  narrative  reason  for
separation or his RE code.

The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states prior to his  discharge  he  experienced  marital
problems and difficulty with his military duty.  Subsequently, he  has
lived a clean life and has no convictions.

His complete response is at Exhibit E.

The applicant reviewed the FBI report reference his arrest in  October
1986, states anyone who is in a domestic dispute  with  a  spouse  can
make accusations which lead to an arrest.  However,  if  there  is  no
substantiating evidence to support the claim,  the  charge  is  either
dropped the party is not found guilty and is acquitted.

Reference the 5 May 2004 arrest, the applicant states as  a  concealed
weapon permit holder, if he is faced  with  what  he  perceives  is  a
threat to life or to property the law allows him to present arms.  The
public record of this case has been or is  in  the  process  of  being
expunged.  With this being said, he has no convictions and his  record
is clean.

_________________________________________________________________

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  to  warrant  changing  his
narrative reason  for  separation  or  his  reenlistment  eligibility.
After careful consideration of the available evidence, the Board found
no indication that the actions taken  to  effect  his  discharge  were
improper or contrary to the provisions of the governing regulations at
the time, or that the actions taken against the applicant were unjust.
 Therefore, the Board agrees with the opinions and recommendations  of
the  Air  Force  office  of  primary  responsibility  and  adopts  its
rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.  Therefore, in  the  absence
of evidence to the contrary, the Board finds no  compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

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-
01836 in Executive Session on 15 September 2005, under the  provisions
of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Gregory A. Parker, Member
                 Ms. Jan Mulligan, Member

The Board recommended denial of the application.  (Mr. Parker  recused
himself.)  The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 30 May 05.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 5 Jul 05.
      Exhibit D. Letter, SAF/MRBR, dated 8 Jul 05.
      Exhibit E. Letter, Applicant, dated 13 Jul 05      .
      Exhibit F. FBI Report, dated 15 Aug 05/ w/atch.
      Exhibit G. Letter, Applicant, dated 30 Aug 05.



      THOMAS S. MARKIEWICZ
      Chair