RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02006
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  9 January 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His conduct has changed and he feels that he deserves this action.  He
also feels that his family, career, and self  esteem  are  considering
factors that it took this (type of discharge) to make him grow up.

In support of the appeal, applicant submits a copy of his DD Form 293,
five character references and a personal statement, with attachments.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 30 Dec  85.   On  6 Dec
88, he was notified  by  his  commander  he  was  recommending  he  be
separated from the Air  Force  under  the  provisions  of  AFR  39-10,
Administrative  Separation  of  Airmen  (misconduct  –  other  serious
offenses), with an under  honorable  conditions  (general)  discharge.
The basis for the  recommendation  was  he  was  found  guilty  before
special court-martial of conspiracy, larceny and  housebreaking,  with
punishment  consisting  of  five  months  confinement,  forfeiture  of
$300.00 per month for five months,  and  reduction  to  the  grade  of
airman basic (E-1).  In addition, he received a traffic citation  from
the Security Police for driving  without  a  3rd  Air  Force  Driver’s
License, no insurance, and no registration.  He  acknowledged  receipt
of the notification and after  consulting  with  counsel,  waived  his
right to submit statements in his own behalf.  The base  legal  office
reviewed the  case,  found  it  legally  sufficient,  and  recommended
separation with an under  honorable  conditions  (general)  discharge,
without probation and rehabilitation.  He was separated on 6  Jan  89.
He served 3 years, 1 month and 22 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, West Virginia, was requested to provide  an  Investigative
Report on the applicant.  However, on the basis of the data furnished,
they were unable to locate an arrest record (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial.   DPPRS  states  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 in his discharge processing.

The DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
28 Jul 06 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.    We find no impropriety in the  characterization  of  applicant's
discharge.  It appears that responsible officials applied  appropriate
standards in effecting the separation, and we do not  find  persuasive
evidence that pertinent regulations were violated  or  that  applicant
was not afforded all the rights to  which  entitled  at  the  time  of
discharge.  Considered alone, we conclude the applicant has failed  to
sustain his burden of  establishing  the  discharge  proceedings  were
proper and find the characterization of the discharge was  appropriate
to the existing circumstances.

4.    Consideration of this Board, however,  is  not  limited  to  the
events which precipitated the  discharge.   We  have  a  Congressional
mandate  which  permits  consideration   of   other   factors;   e.g.,
applicant's background, the overall  quality  of  service,  and  post-
service activities and accomplishments.   Further,  we  may  base  our
decision on matters of inequity and clemency  rather  than  simply  on
whether rules and regulations which existed at the time were followed.
 This is a much broader consideration than officials involved  in  the
discharge were permitted, and our decision in no  way  discredits  the
validity of theirs.

5.    Under our broader mandate and after careful consideration of all
the facts and circumstances of applicant's case, we are persuaded that
applicant  has  overcome  the  behavioral  traits  which  led  to  the
contested discharge and has been a productive member of  society.   We
recognize the adverse impact of the discharge applicant received; and,
while it may have been appropriate at the time, we believe it would be
an  injustice  for  applicant  to  continue  to  suffer  its  effects.
Accordingly, we find that corrective action is appropriate as a matter
of equity and on the basis of clemency.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 6 January 1989,  he
was  honorably  discharged  and  furnished  an   Honorable   Discharge
Certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2006-02006 in Executive  Session  on  19  September  2006,  under  the
provisions of AFI 36-2603:

                  Ms. Kathleen F. Graham, Panel Chair
                  Mr. Elwood C. Lewis, Member
              Ms. LeLoy W. Cottrell, Member

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

   Exhibit A.  DD Form 149, dated 26 Jun 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 13 Jul 06.
   Exhibit E.  Letter, SAF/MRBR, dated 28 Jul 06.



                                   KATHLEEN F. GRAHAM
                                   Panel Chair






AFBCMR BC-2006-02006





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on 6 January
1989, he was honorably discharged and furnished an Honorable Discharge
certificate.






                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency