RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02444
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  18 FEB 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His punishment did not fit the charges.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 26  May  94  in  the
grade of airman  basic,  for  a  period  of  four  years.   He  was
progressively promoted to the  grade  of  staff  sergeant  with  an
effective date and date of rank of 1 Sep 01.

On 19 Jun  02,  the  squadron  commander  initiated  administrative
discharge   action   against   the   applicant   for    misconduct,
specifically, conduct prejudicial to  good  order  and  discipline.
The reasons for the proposed action were:

      On or about (o/a) 1 Aug 00  and  o/a  11  Aug  00,  applicant
attempted  to  fraudulently  obtain  a  motor   vehicle   loan   by
generating, with the  intent  to  deceive,  a  false  statement  of
service letter using government stationary, and by signing the name
of a fictitious 325th Logistics Support Squadron Commander  to  the
letter.  For this offense, he received a Letter of Reprimand (LOR).

      On 22 May 02, applicant received a LOR for failure to turn in
an expired DD form 2, Identification Card.

       On  18  Jun  02,  applicant  received  an  Article  15   for
dereliction in the performance of his duties in that  he  willfully
failed to maintain established standards of a Correctional  Custody
Instructor and wrongfully appropriating United States Currency,  of
a value of $40, the property of  another  airman.   His  punishment
consisted of  a  reduction  in  grade  to  senior  airman  with  an
effective and date of rank of 4 Jun 02.

On 20 Jul 02,  applicant  acknowledged  receipt  of  the  discharge
notification.  On 8 Aug  02,  after  consulting  with  counsel  and
having been advised of his rights, applicant elected  to  have  his
case  heard  by  an  administrative  discharge  board  (ADB).    On
9 Aug 02, the ADB recommended applicant be separated with an  under
honorable conditions (general)  discharge,  without  probation  and
rehabilitation (P&R).  On 19  Sep  02,  the  staff  judge  advocate
reviewed the ADB proceedings and found them legally sufficient  and
recommended applicant receive a general discharge without P&R.   On
20 Sep 02, the discharge authority approved the  general  discharge
without P&R.

On 20 Sep 02, applicant was  discharged  under  the  provisions  of
AFI 36-3208, by reason of misconduct, with service characterized as
general, under honorable conditions.  He was credited with  8 years
and 5 months of active duty service.

On  8  Jan  04,  the  Air  Force  Discharge  Review  Board  (AFDRB)
considered and denied the applicant’s request to have  his  general
discharge upgraded to honorable.  They determined the  disciplinary
infractions were a significant departure from the conduct  expected
of all military member.  They  concluded  that  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 (see AFDRB Hearing Record at Exhibit B).

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial. Based on the documentation on file in
the master personnel records, the  discharge  was  consistent  with
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
during the discharge process. He provided no  facts  warranting  an
upgrade of his general (under honorable conditions) discharge.

AFPC/DPPRS evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 8 Sep 06 for review and comment within  30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________




THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing
law or regulations.

2.  The application was timely filed.

3.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error  or  injustice.   The  discharge
appears  to  be  in  compliance  with  the  governing   Air   Force
instructions  and  we  find  no  evidence  to  indicate  that   his
separation from the  Air  Force  was  inappropriate.   We  find  no
evidence of error in this case and after thoroughly  reviewing  the
documentation that has been submitted  in  support  of  applicant's
appeal, we do not  believe  he  has  suffered  from  an  injustice.
Therefore, based on the available evidence of record,  we  find  no
basis upon which to favorably consider 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 AFBCMR Docket  Number
BC-2006-02444 in Executive Session on 17 October  2006,  under  the
provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. LeLoy W. Cottrell, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Jul 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 25 Aug 06.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Sep 06.




                                   CHARLENE M. BRADLEY
                                   Panel Chair