RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
03875
                                             INDEX CODE:  110.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  23 JUNE 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was told  at  the  time  of  discharge  that  six  months  after
discharge this could automatically be done.  His  military  records
show that his service was honorable and commendable.  He  feels  he
was the victim of a personal vendetta.  He has continued  to  serve
his fellow citizens as a paramedic, psych tech, and  caretaker  for
20 plus years.  He enjoys full Veteran’s privileges but would  like
this corrected for peace of mind.

While in the Air Force he was rated straight  9’s  (Outstanding  in
every category), served in  the  Honor  Guard,  and  received  many
letters of commendation.  To  have  a  discharge  certificate  that
reads  “misconduct  –  pattern  prejudicial  to  good   order   and
discipline” is contradictory and ultimately defaming.

He has been contacted by the Navy, they offered to re-enlist him.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29  Nov  79,  for  a
period of four years in the grade of  airman  basic.   His  highest
grade held was senior airman.


Applicant’s Airman Performance Report (APR) profile follows:


      PERIOD ENDING               OVERALL EVALUATION

       3 Oct 80                      8
      17 Jul 81                      9
      17 Jul 82                      8
      17 Jul 83                      7

On 15 Jul 83, applicant’s squadron commander notified him  that  he
was recommending he be discharged from the Air Force for misconduct
prejudicial to good  order  and  discipline.   He  recommended  the
applicant receive a general discharge based on the following:  (1)
Letter of Counseling on 10 Dec 81, for not complying with Air Force
grooming standards; (2) Letter of Reprimand (LOR) on 9 Jun 82,  for
not complying with Air Force grooming standards; (3) Article 15  on
9 Sep 82, for failure to go to his appointed place of  duty  on  or
about (o/a) 3 Sep 82, punishment imposed was reduction in grade  to
airman and 4 days extra duty; however, reduction in grade to airman
was suspended until 16 Mar 83; and  (4)  LOR  on  15  Jul  83,  for
wrongful use of marijuana o/a 25 Jun 83 to o/a 28 Jun 83.

On 18 Jul 83,  applicant  acknowledged  receipt  of  the  discharge
notification, that he waived his option to  consult  with  military
counsel and was not submitting statements in his own  behalf.   The
base legal office reviewed the case and found it legally sufficient
and  recommended  a  general  discharge   without   probation   and
rehabilitation.

On 1 Aug 83, the discharge authority approved  the  separation  and
directed an under honorable conditions (general) discharge  without
probation and rehabilitation.

On 5 Aug 83, applicant  was  discharged  in  the  grade  of  senior
airman, under the provisions of AFR 39-10, by reason of  misconduct
– pattern of conduct prejudicial to good order and discipline,  and
given a general discharge.  He was credited with three years,  nine
months, and five days of active military service.

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

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied, and states,  in
part, 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.
Additionally, the applicant provided no facts warranting  a  change
to his character of service.

A complete copy of the Air Force evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 Jan 06, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and response within 30 days (Exhibit E).

On 6 Feb 06, the AFBCMR staff offered the applicant an  opportunity
to provide information pertaining to his activities  since  leaving
the service.  The applicant responded with a personal  letter,  his
resume, eight letters of character reference,  a  certificate  from
the Department of Health Division  of  Emergency  Medical  Services
certifying him as  a  licensed  paramedic,  and  a  Certificate  of
Appointment as  vice-president  of  the  Mens’  Fellowship  at  his
Church.  (Exhibit G).

On 17 Feb 06, a  copy  of  the  FBI  Report  of  Investigation  was
forwarded to the applicant for review and comment.  In response  to
the FBI report, applicant stated the  incident  happened  21  years
ago, he was in possession of brass knuckles and a knife  outside  a
nightclub.  There was no act of aggression, no intent, just  simply
possession. He has not had a weapon since and he does not  own  one
now.  (Exhibit I)

_________________________________________________________________

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.   We  have  thoroughly
reviewed the circumstances surrounding the applicant’s discharge.
We  found  no  evidence  that   the   applicant’s   discharge   was
inappropriate or contrary to the governing directives in effect  at
the time.  Nevertheless, based on the  documentation  submitted  in
support of his appeal, it appears that he has  been  a  responsible
citizen and productive member of society since leaving the service.
 Therefore, while we do not condone the behavior which led  to  his
discharge, we believe an upgrade of  the  characterization  of  his
service to  honorable  is  warranted  on  the  basis  of  clemency.
Accordingly,  we  recommend  that  his  records  be  corrected   as
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 5 August 83, he
was honorably  discharged  and  furnished  an  Honorable  Discharge
certificate.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-03875 in Executive Session on  15  March  2006,  under  the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Richard K. Hartley, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 31 Oct 05, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report of Investigation.
     Exhibit D.  Letter, AFPC/DPPRS, dated 11 Jan 06.
     Exhibit E.  Letter, SAF/MRBR, dated 20 Jan 06.
     Exhibit F.  Letter, AFBCMR, dated 6 Feb 06.
     Exhibit G.  Letter, Applicant, undated, w/atchs.
     Exhibit H.  Letter, AFBCMR, dated 17 Feb 06.
     Exhibit I.  Letter, Applicant, dated 6 Mar 06.




                                   RICHARD A. PETERSON
                                   Panel Chair