RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2006-00010
            INDEX CODE: 110.00, 131.00
      XXXXXXX                     COUNSEL:  NONE

                                   HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 28 Sep 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable
and his rank be reinstated to E-4 (SrA).

___________________________________________________________________

APPLICANT CONTENDS THAT:

At the time he was “young and dumb” and has since grown up.

His complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force on 17 Oct 86.  On 9 Jan  90,  he  was
notified by his commander that he was recommending he be discharged  from
the Air Force.  The specific reasons for this action were on 2 Jun 89, he
received a Letter of Counseling for failure to report for duty; on 20 Jun
89, he received a Letter of Reprimand  (LOR)  for  being  involved  in  a
domestic disturbance; on 19   Jul  89,  he  received  an  LOR  for  being
involved in a domestic disturbance; on 20 Jul 89, he received an  Article
15 for disobeying a lawful order; on 4 Oct 89, he received  a  Record  of
Individual Counseling for failure to report; on or about 26  Oct  89,  he
was reduced to A1C for failure to go; and on 15 Dec 89,  he  received  an
Article 15 for writing  seven  checks  with  insufficient  funds  in  his
checking account. His case was presented before  an  evaluations  officer
who recommended that he be discharged from the Air Force and  provided  a
general discharge.  In a review of his  discharge  case  file,  the  base
legal office found it legally sufficient and recommended  discharge.   On
23 Feb 90, he was discharged from the Air Force  for  misconduct  in  the
grade of airman basic.  He served 3 years, 3 months and 27 days on active
duty.

___________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPRS recommends  denial.   DPPRS  states  that  the  discharge  was
consistent with  the  procedural  and  substantive  requirements  of  the
discharge regulation.  In addition, the discharge was  within  the  sound
discretion of the  discharge  authority.   He  did  not  submit  any  new
evidence or identify any  errors  or  injustices  that  occurred  in  his
discharge processing.  The DPPRS evaluation is at Exhibit C.

AFPC/DPPWB recommends  denial.   His  commander  was  acting  within  his
authority  when  he  imposed  nonjudicial  punishment.   Also,  applicant
provides no evidence of an error or  injustice.   He  provided  no  other
facts warranting an upgrade of the discharge or reinstatement  of  grade.
The DPPWB evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 12
May 06 for review and comment within 30 days.   As  of  this  date,  this
office has received no response (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 an error or injustice.  After  careful  consideration  of  the
available evidence, we found no indication that the actions taken to affect
the applicant's reduction in grade and subsequent discharge  were  improper
or contrary to the provisions of the governing regulations in effect at the
time, or that the actions taken against the applicant were based on factors
other  than  his  own  misconduct.   We  agree  with   the   opinions   and
recommendations of the Air Force  offices  of  primary  responsibility  and
adopt their rationale as the basis for our conclusion  that  the  applicant
has not been the victim of an  error  or  injustice.   In  the  absence  of
evidence to the contrary, we find 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-2006-00010
in Executive Session on 21 June 2006, under the provisions of AFI 36-2603:

                 Ms. B. J. White-Olson, Panel Chair
                 Ms. Debra K. Walker, Member
                 Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 Mar 06.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 31 Mar 06.
      Exhibit D. Letter, AFPC/DPPWB, dated 10 Apr 06.
      Exhibit E. Letter, SAF/MRBR, dated 12 May 06.





      B. J. WHITE-OLSON,
      Panel Chair
AFBCMR
1535 Command Drive EE Wing 3rd Floor
Andrews AFB, MD 20762-7002






Dear XXXXXXX


      Reference your application, AFBCMR Docket Number BC-2006-00010,
submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC).

      After careful consideration of your application and military records,
the Board determined that the evidence you presented did not demonstrate
the existence of probable material error or injustice.  Accordingly, the
Board denied your application.

      You have the right to submit newly discovered relevant evidence for
consideration by the Board.  In the absence of such additional evidence, a
further review of your application is not possible.

      BY DIRECTION OF THE PANEL CHAIR




                       GREGORY JOHNSON
                       Chief Examiner
                       Air Force Board for Correction
                       of Military Records


Attachment:
Record of Board Proceedings



                   AIR FORCE BOARD FOR CORRECTION
                        OF MILITARY RECORDS

               CASE TRANSMITTAL / COORDINATION RECORD


IN THE MATTER OF:                                  DOCKET NO:

XXXXXXX                BC-2006-00010


ROUTE IN TURN    INITIALS  DATE


1.  CHIEF EXAMINER     ________  ________
    (Coord/Signature)


2.  EXECUTIVE DIRECTOR ________  ________
    (Coordination)


3.  Ms. B. J. White-Olson,   ________  ________
    PANEL CHAIR
    (Signature on Proceedings)


4.  Return to Examiner


5.  AFBCMR (Processing)





                 DARYL R. LAWRENCE
                 Examiner
                 Air Force Board for Correction
                 of Military Records