RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00258
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  29 JUL 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His general (under honorable conditions) discharge he  received  is  unjust.
He indicates he is attempting to  get  appointed  to  a  police  agency  and
desires his character of service to reflect honorable.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 3 March 1992, the applicant enlisted in  the  Regular  Air  Force  for  a
period of four years.

On 26 April 1995, the applicant was notified of his  commander's  intent  to
initiate discharge action against him for  Minor  Disciplinary  Infractions.
The specific reasons follow:

        a. On or about 30 July 1993, he failed to go to a mandatory  meeting
at the prescribed time.  As a result, he received  a  Letter  of  Counseling
(LOC) on 1 August 1993.

        b. He did, on or about 4 January 1994, at or near  March  Air  Force
Base, California, at dormitory 311, room 218, have  in  his  possession  six
knives, three pistols (Rugar 9mm, Colt .44, a starter  pistol)  and  several
rounds of live ammunition in violation of  MAFBR  91-3.   As  a  result,  he
received a Letter of Reprimand (LOR) on 10 January 1994.

        c. On or about 16 March 1994, a check in the  applicant’s  name,  in
the amount of $150.00, was returned for insufficient funds.   As  a  result,
he received  a  dishonored  check  notification  from  the  Army  Air  Force
Exchange Services (AAFES).

        d. On or about 15 May 1994, a check in the applicant’s name, in  the
amount of $43.00, was returned for insufficient  funds.   As  a  result,  he
received a dishonored check notification from AAFES.

        e. He did on or about 1 October 1994, at or  near  March  Air  Force
Base, California, unlawfully carry  on  or  about  his  person  a  concealed
weapon, to wit:  a black butterfly knife.  As a result, he received  an  LOR
on  12  October  1994  and  an  Unfavorable  Information  File   (UIF)   was
established on 12 October 1994.

        f. On or about 10 February 1995, the applicant  failed  to  complete
notification to USDA on an aircraft inbound from overseas.  As a result,  he
received an LOR on 20 February 1995.

The commander indicated in his  recommendation  for  discharge  action  that
before recommending the  discharge  he  reviewed  the  applicant’s  military
record, as well as the documents relating to the  offenses  which  form  the
basis for this action.  The applicant’s  continued  misconduct  resulted  in
three LORs, an LOC, and  two  memos  from  AAFES.   The  offenses  made  him
unsuited for service in a quality force.  His retention  in  the  Air  Force
would  have  adversely  affected  good  order  and  discipline.   Therefore,
separation  under  AFI  36-3208  was  appropriate.   He  did  not  recommend
probation and rehabilitation according to  chapter  7.   The  applicant  was
given the opportunity to demonstrate potential for future military  service.
 However, he did not take advantage of that opportunity.  His  retention  in
the Air Force, even in a probationary status, would  adversely  affect  good
order and discipline.

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.

On 12 May 1995, the  Staff  Judge  Advocate  recommended  the  applicant  be
separated from the Air Force with a general discharge without probation  and
rehabilitation.

The discharge authority approved the applicant’s general discharge.

The applicant was discharged on 18 May 1995 in the grade  of  senior  airman
with a general (under honorable conditions) discharge, under the  provisions
of AFI 36-3208, (Misconduct).  He served 3 years, 2 months, and 16  days  of
total active duty service.

On 8 January 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.  They further indicated 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 C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial indicating that based upon  the  documentation
on file in the master personnel record, the discharge  was  consistent  with
the procedural and substantive requirements of the discharge regulation  and
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, nor did he provide facts  warranting  a  change
to his character of service.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 February 2006, a copy of the Air Force  evaluation  was  forwarded  to
the applicant for review and response within 30 days  (Exhibit  E).   As  of
this date, no response has been received by this office.

On 21 March 2006, the Board staff  requested  the  applicant  provide  post-
service documentation within 14 days (Exhibit  F).   As  of  this  date,  no
response has been received by this office.

On 21 April 2006, the applicant was provided the opportunity to  respond  to
the FBI investigation within 14 days (Exhibit  G).   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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  warranting  the  applicant’s  general
discharge be  upgraded  to  an  honorable  discharge.   The  Board  believes
responsible  officials  applied  appropriate  standards  in  effecting   the
separation, and the Board does not find persuasive evidence  that  pertinent
regulations were violated or that the applicant was  not  afforded  all  the
rights to which entitled at  the  time  of  discharge.   Therefore,  in  the
absence of evidence  to  the  contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought.

4.    Although the applicant  did  not  specifically  request  consideration
based  on  clemency,  we  also  find  insufficient  evidence  to  warrant  a
recommendation the discharge be upgraded on that basis.   In  this  respect,
we note when given the opportunity  to  provide  information  regarding  his
post-service activities and accomplishments, he failed to do so.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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 AFBCMR Docket Number  BC-2006-
00258 in Executive Session on 11 May 2006, under the provisions of  AFI  36-
2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Ms. Donna Jonkoff, Member
                 Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 Jan 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 15 Feb 06.
   Exhibit E.  Letter, SAF/MRBR, dated 24 Feb 06, w/atch.
   Exhibit F.  Letter, AFBCMR, dated 21 Mar 06, w/atch.
   Exhibit G.  Letter, AFBCMR, dated 21 Apr 06, w/atch.




                 CHARLENE M. BRADLEY
                 Panel Chair