RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02810
            INDEX CODE:  110.00, 112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  14 Mar 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

2.  His reenlistment eligibility (RE) code of 2B be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His  current  record  prevents  him  from  further  consideration  for
enlistment in a Reserve component.

In support of the appeal, applicant submits a copy of his DD Form 214,
and a congressional inquiry.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 1 September 1988 in the
grade of airman first class for a period of four years.

On 21 December 1989, applicant was notified  that  his  commander  was
recommending he be discharged from the Air Force under the  provisions
of AFR 39-10, paragraph 5-46 for minor disciplinary  infractions,  and
he  be  furnished  a   general   discharge   without   probation   and
rehabilitation (P&R).  The reasons for this action were:

    1.  He received three letters of reprimand (LORs).

    2.  He received five records of counseling (ROCs).

    3.  On 31 July 1989, he received a verbal reprimand.

    4.  On 8 August 1989, he receive a letter of counseling (LOC).

    5.  He received two Articles 15, one for impersonating  an  Office
of Special Investigation (OSI)  agent.   The  second  Article  15  was
imposed on 9 November 1989, for dereliction of duty.

The applicant acknowledged receipt of the  notification  of  discharge
and after consulting with legal counsel submitted statement in his own
behalf.  The base legal office found the case  legally  sufficient  to
support separation and recommended  the  applicant  receive  an  under
honorable conditions (general) discharge without P&R.   The  discharge
authority approved the  separation  and  directed  that  applicant  be
discharged with an  under  honorable  conditions  (general)  discharge
without P&R.

The applicant was separated from the Air  Force  on  16  January  1990
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,
4 months and 16 days on active duty.

The Air Force Discharge Review Board  (AFDRB)  considered  and  denied
applicant’s request for an upgrade of discharge and a change of reason
for discharge on 10 February  1997.   The  AFDRB  found  that  neither
evidence of record nor that provided by the applicant substantiates an
inequity or impropriety which would justify an upgrade of discharge or
change of reason.   In  accordance  with  policy,  the  applicant  was
advised of his right to submit an application to the AFBCMR.

A copy of the Air Force Discharge Review Board Brief  is  attached  at
Exhibit B.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg,  West  Virginia,  indicated  on  the  basis  of  the  data
furnished they were unable to locate an arrest record (Exhibit C).

_________________________________________________________________

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 attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 October 2005, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days.  On  18  October
2005, the applicant was invited to provide information  pertaining  to
his activities since  leaving  the  service.   As  of  this  date,  no
responses have been received by this office (Exhibit E).

_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
applicant has not been the victim  of  an  error  or  injustice.   The
applicant has provided no evidence  showing  the  information  in  his
records is erroneous, his substantial rights  were  violated,  or  his
commanders abused their discretionary authority.   Therefore,  in  the
absence of evidence to the contrary, we find  no  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  this  application  in
Executive Session on 17 November 2005, under the provisions of AFI 36-
2603:

                       Mr. James W. Russell III, Panel Chair
                       Ms. Kathleen B. O’Sullivan, Member
                       Ms. LeLoy W. Cottrell, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2005-02810 was considered:

      Exhibit A. DD Form 149, undated, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 3 Oct 05.
      Exhibit E. Letters, SAF/MRBR and AFBCMR, dated 7 Oct 05
                and 18 Oct 05.




                             JAMES W. RUSSELL III
                             Panel Chair