RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02649
            INDEX CODE:  110.02
      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  27 FEBRUARY 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

During the time he was stationed at  Upper  Heyford  England,  he  was
going through a divorce in South Carolina. He had been  threatened  by
his spouse that she would never let  him  see  his  child  again.  His
request for leave to come back state side was repeatedly  turned  down
(3 times) by the officer-in-charge, Lt V.__. He just  wanted  to  save
his life and continue to worked hard to support his child.

In support of his application, applicant provided a copy  of  DD  Form
214,  Contractor  Certification  Basic   Training   package,   resume,
background   check,   Department   of   Homeland   Security   Training
Certificate, Department  of  Transportation  Security  Force  Training
Certificates, The  National  Rifle  Association  of  America  Training
Certificates, a letter of appreciation, and personal references.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
30 March 1977 for a term of 4 years. He was progressively promoted  to
the grade of sergeant, having assumed that grade effective and with  a
date of rank of 1 September 1979.

On 2 April 1985, the applicant’s commander notified him  that  he  was
recommending him for discharge from the Air  Force  for  discreditable
involvement with military or  civil  authorities.  The  commander  was
recommending  the  applicant  receive  a  general   (under   honorable
conditions) discharge based on the following:

      (1) On 17 January 1984,  the  applicant  received  a  Record  of
Counseling for failure to perform task in proper sequence.

      (2) On 27 February 1984, the  applicant  received  a  Record  of
Counseling for failure to monitor the B-3500 computer.

      (3) On 23  March  1984,  the  applicant  received  a  Record  of
Counseling for failure to take proper action when  a  reject  occurred
and to make notification to the Air Force Data System Design Center.

      (4) On  6  April  1984,  the  applicant  received  a  Record  of
Counseling for failure to run an “End” card to affect proper  transfer
over to the secondary prior to end of day report.

      (5) On 1 July 1984, the  applicant  received  an  AAFES  overdue
notice concerning his Deferred Payment Plan.

      (6) On  12  July  1984,  the  applicant  received  a  Record  of
Counseling for loading an excessive amount of status input cards  into
the reader.

      (7) On 6 September 1984, the  applicant  received  a  Letter  of
Reprimand for failure to report for duty at the time prescribed.

      (8) On 12 September 1984, the applicant  received  a  Letter  of
Reprimand  for  failure  to  report  to  a  mandatory  Social  Actions
substance abuse appointment.

      (9) On 20 September 1984, the applicant  received  a  letter  of
counseling for dishonored checks.

      (10) On 20 September 1984, the  applicant  received  an  overdue
notice concerning his AAFES Deferred Payment Plan.

      (11) On 20 October  1984,  the  applicant  received  an  overdue
notice concerning his AAFES Deferred Payment Plan.

      (12) On 7 December 1984, the applicant was placed on the control
roster for financial irresponsibility.

      (13) On 18 January 1985, the applicant was  convicted  by  civil
court for DUI.

      (14) On  31  January  1985,  the  applicant  received  an  AAFES
dishonored check notification for several checks due  to  insufficient
funds.

      (20) On 20 February 1985,  the  applicant  received  an  overdue
notice concerning his AAFES Deferred Payment Plan.

The applicant acknowledged receipt of the  notification  of  discharge
and, after consulting with legal counsel, offered a conditional waiver
of the  rights  associated  with  an  administrative  discharge  board
hearing contingent upon receipt of  no  less  than  a  general  (under
honorable conditions) discharge.

The  base  legal  office  reviewed  the  case  and  found  it  legally
sufficient and recommended applicant’s conditional waiver be  accepted
and  applicant  be  discharged  with  a   general   (under   honorable
conditions) discharge without probation and rehabilitation.

The discharge authority accepted the conditional waiver, approved  the
separation, and directed the applicant be discharged  with  a  general
(under  honorable  conditions)   discharge   without   probation   and
rehabilitation.

Applicant was separated on 17 May 1985, under the provisions of AFR 39-
10,  Administrative  Separation  of  Airmen   (Misconduct-Pattern   of
Discreditable Involvement with  Military  or  Civil  Authorities)  and
received  a  general  (under  honorable  conditions)  discharge.   The
applicant served 8 years, 1 month  and  18  days  of  active  military
service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial  and   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. He provided no facts warranting a change to his  character
of service.

AFPC/DPPRS complete evaluation is at Exhibit C.

_________________________________________________________________





APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7
October 2005, for review and comment within 30 days.  As of this date,
this office has received no response.

_________________________________________________________________

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.  After a  thorough  review  of
the  evidence  of  record  and  applicant’s  submission,  we  are  not
persuaded that his general discharge for misconduct should be  changed
to an honorable discharge.  Applicant’s contentions  are  duly  noted;
however, we do not find these uncorroborated  assertions,  in  and  by
themselves, sufficiently persuasive to override the rationale provided
by  the  Air  Force.  Therefore,  we  agree  with  the   opinion   and
recommendation of the Air Force and adopt its rationale as  the  basis
for our decision that the applicant has failed to sustain  his  burden
of showing that he has suffered an error or injustice. In the  absence
of persuasive evidence to the contrary, we find no basis upon which to
favorably consider this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially add to our understanding of the issue involved.  Therefore,
the request for a hearing is not favorably considered.

_________________________________________________________________

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-
02649 in Executive Session on 16 November 2005, under  the  provisions
of AFI 36-2603:

                 Mr. Laurence M. Groner, Panel Chair
                 Mr. Wallace F. Beard, Jr., Member
                 Mr. Terry L. Scott, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 17 Aug 05.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 3 Oct 05.
      Exhibit D. Letter, SAF/MRBR, dated 7 Oct 05.





      LAURENCE M. GRONER
      Panel Chair