RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01967
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  21 DEC 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was hospitalized and had surgery at Robins Air Force  Base  Hospital  and
returned home to New Orleans, Louisiana, to recover.   He  returned  on  his
own to the base two days late.  He indicates his  commander  was  irate  and
unforgiving.  His behavior was fine considering he went through surgery  and
a divorce in the same month.  It was a tough time in his life;  however,  he
wanted to stay in the service.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 19  August  1981  in  the
grade of airman basic for a period of four years.

On 6 April 1983, the applicant was notified of  his  commander's  intent  to
impose nonjudicial punishment upon  him  for  the  following:   he  did,  at
Robins Air  Force  Base,  Georgia,  on  or  about  28  March  1983,  without
authority, failed to go at the time prescribed to  his  appointed  place  of
duty, to wit:  Building 78.

After consulting with counsel, the applicant waived his right to a trial  by
court-martial, did not  request  a  personal  appearance,  and  submitted  a
written presentation.

He was found guilty by his commander who imposed the  following  punishment:
reduction in grade from airman first class to  airman,  ordered  to  forfeit
$50.00 per month for one month.  However, that  portion  of  the  punishment
which provided for the reduction to the grade of airman was suspended  until
30 September 1983, at which time, unless the suspension was sooner  vacated,
it would be remitted without further action.

The applicant did not appeal the punishment.

On 31 May 1983, the applicant was notified  of  his  commander's  intent  to
impose nonjudicial punishment upon  him  for  the  following:   he  did,  at
Robins Air Force Base, Georgia, on or about 18 May 1983, without  authority,
absent himself from his place of duty at which he was  required  to  be,  to
wit:  Building 78, located at  Robins  Air  Force  Base,  Georgia,  and  did
remain so absent until on or about 26 May 1983.

After consulting with counsel, the applicant waived his right to a trial  by
court-martial, did not  request  a  personal  appearance,  and  submitted  a
written presentation.

He was found guilty by his commander who imposed the  following  punishment:
reduction in grade from airman first class to airman basic with a  new  date
of rank (DOR) of 6 June 1983, ordered to forfeit $250.00 per month  for  one
month; however, that portion  of  the  punishment  which  provided  for  the
reduction to the enlisted grade lower than airman  was  suspended  until  30
November 1983, at which time, unless that suspension was sooner vacated,  it
would be remitted without further action.

The applicant did not appeal the punishment.

On 9 June 1983, the applicant was notified  of  his  commander's  intent  to
initiate discharge action against him for  Minor  Disciplinary  Infractions.
The specific reasons follow:

        He failed to turn in his Career Development Courses (CDCs)  on  time
due to many outside activities for which on 11  March  1982  he  received  a
Letter of Counseling (LOC).

        He received a letter from the Bank of Louisiana dated 18  June  1983
concerning a debt he owed and their efforts in trying to contact him.

        He received a marginal rating on his historian  report  due  to  his
lack of information for which on 27 January 1983 he received an LOC.

        He received a  letter  from  Robins  AFB  Scheduled  Airline  Ticket
Office (SATO) dated 28 March 1983 concerning his issuing a  check  to  Delta
Air Lines which was returned unpaid because of insufficient funds.

        For writing three bad checks; failure to  go  to  work  on  28 March
1983; failure to obey an order; and his overall performance as a  historian,
on 29 March 1983 he received an LOC.

        He wrote two checks to the Base  Exchange  with  insufficient  funds
for which on 7 April 1983 he received a Letter of Reprimand (LOR).

        Nonjudicial Punishment - Article 15 dated 6 April 1983.

        Due to poor performance as Wing Historian, HQ SAC/DPRAS removed  him
from historian duties.

        Statements dated 31 May 1983 concerning money he  borrowed  from  an
airman.

        Nonjudicial Punishment - Article 15 dated 31 May 1983.

The commander indicated in his  recommendation  for  discharge  action  that
numerous informal and formal  counselings  by  the  applicant’s  supervisor,
commander, and first sergeant had been made.  An  LOR  and  creation  of  an
Unfavorable Information File (UIF), all had been met with negative  results.
 Probation and rehabilitation were not recommended.

The commander advised the applicant of his right to  consult  legal  counsel
and submit statements in his own behalf; or waive  the  above  rights  after
consulting with counsel.

After consulting with counsel, the applicant  submitted  statements  in  his
own behalf.

The Staff Judge  Advocate  recommended  the  applicant  be  discharged  with
service characterized as general without probation and rehabilitation.   The
applicant’s record showed he could not function under stress  and  could  no
longer handle military life.

The discharge authority approved the applicant’s general discharge.

The applicant was discharged on 29 June 1983, in the grade of airman with  a
general (under honorable conditions) discharge, under the provisions of  AFR
39-10, (Misconduct - Pattern of Minor Disciplinary Infractions).  He  served
1 year, 10 months, and 3 days of total active military  service  with  eight
days of time lost.

On 23 April 1997, the Air Force Discharge Review  Board  (AFDRB)  considered
and denied  the  applicant’s  request  that  his  general  (under  honorable
conditions)  discharge  be  upgraded  to  an  honorable   discharge.    They
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  there  existed  no
legal or equitable basis for upgrade of discharge (Exhibit B).

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, provided an arrest record which is at Exhibit D.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial indicating 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 evidence or identify any errors  or  injustices
that occurred in the discharge processing.  He provided no facts  warranting
a change to his character of service.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 July 2005, a copy of the Air Force evaluation  was  forwarded  to  the
applicant for review and response within 30  days.   As  of  this  date,  no
response has been received by this office.

On 12 August 2005, the Board staff requested  the  applicant  provide  post-
service documentation within 20 days (Exhibit F).

On 23 August 2005, the applicant was provided the opportunity to respond  to
the FBI investigation within 20 days (Exhibit G).

The applicant provided post-service documentation which is at Exhibit H.

_________________________________________________________________

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 an  error  or  injustice  warranting  the  applicant’s  general
(under  honorable  conditions)  discharge  be  upgraded  to   an   honorable
discharge.   The  Board  majority  recognizes  the  adverse  impact  of  the
discharge the applicant received; and while it may have been appropriate  at
the time, the majority believes it would be an injustice for  the  applicant
to continue to suffer its  effects.   The  majority  notes  the  applicant’s
apparent successful transition to civilian life, as evidenced by  his  post-
service accomplishments.  In view of this, the  Board  majority  is  of  the
opinion that upgrading the  applicant’s  discharge  to  honorable  based  on
clemency would be appropriate.  Accordingly,  the  majority  recommends  the
applicant’s records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 29 June 1983,  he  was  honorably
discharged and issued an Honorable Discharge Certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
01967 in Executive Session on 20 October 2005, under the provisions  of  AFI
36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Mr. James A. Wolffe, Member
                 Ms. Kathy L. Boockholdt, Member

By a majority vote, the Board recommended to grant the applicant’s  request.
 Ms. Boockholdt voted to deny the applicant’s request and does not  wish  to
submit  a  Minority  Report.   The  following   documentary   evidence   was
considered:

   Exhibit A.  DD Form 149, dated 3 May 2005, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 6 July 2005.
   Exhibit E.  Letter, SAF/MRBR, dated 15 July 2005.
   Exhibit F.  Letter, AFBCMR, dated 12 August 2005, w/atch.
   Exhibit G.  Letter, AFBCMR, dated 23 August 2005, w/atch.
   Exhibit H.  Letter, Applicant, dated 25 August 2005, w/atchs.




                       KATHLEEN F. GRAHAM
                       Panel Chair



AFBCMR BC-2005-01967





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  , be corrected to show that on 29 June 1983, he was honorably
discharged and issued an Honorable Discharge Certificate.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency