RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00040
            INDEX CODE:  110.02
            COUNSEL:  None
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Jul 13, 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

The record is not in error. He was a young, cocky, stupid kid  and  did  not
realize the financial repercussions of a  general  discharge  when  applying
for government or state jobs.

The discharge upgrade is for the financial welfare of his family.

His discharge has ruined excellent opportunities  for  employment  with  the
United States Post Office, state, and county jobs.

Future employment with the Orlando Utilities Commission  is  dependent  upon
an upgrade of his discharge.

He and his family have suffered the last 16 years and he realizes  how  much
money his irresponsible behavior has cost him.

In support of his request, the applicant has provided a copy of his DD  214,
Certificate of Release or Discharge from Active Duty,  and  two  Notices  of
Rating Eligibility from the United States Postal Service.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty Air Force on 22 Jun 90.  He served  for  a
period of 1 year, 5 months, and 6 days.

On or about 1 Mar 90,  he  received  a  Letter  of  Reprimand  for  underage
drinking and an unfavorable information file was established.

The applicant received an Article 15 on 3 May 91 for wrongfully operating  a
vehicle with a fictitious license plate.  He  received  forfeiture  of  $100
per month for one month and a suspended reduction to airman basic.

On 12 Jul 91, the applicant received a Letter of  Counseling  for  reporting
to work late.

On 26 Jul 91, he again failed to report to work on time  and  the  suspended
punishment from the prior Article 15 was vacated.

On 27 Sep 91, the applicant was involved in a motor vehicle  accident  which
was the result of him having an obstructed view  from  his  vehicle  and  he
made a left turn from the wrong lane causing him to hit a  person  riding  a
bicycle.  He was given a Letter of  Reprimand  and  discharge  actions  were
initiated.

On 16 Oct 91,  the  applicant  was  notified  he  was  not  recommended  for
promotion to E-2, airman.

The applicant was discharged with a  general  (under  honorable  conditions)
discharge on 27 Nov 91.

On 21 Sep 99, the applicant  submitted  an  application  to  the  Air  Force
Discharge Review Board (AFDBR).  The AFDRB  reviewed  all  the  evidence  of
record and 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.  The Board  further  concluded  that  there
was no legal or equitable basis for upgrade of the discharge.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an Investigative Report, Number 773860RA2,  which  is  at
Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based on the documentation  on  file  in  the
master personnel records  (MPR),  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.  He provided no  facts
warranting a change to his general (under honorable conditions) discharge.

The complete evaluation of AFPC/DPPRS is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 26  Jan
07 for review and comment within 30 days.  As of this date, this office  has
not received a 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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not  been  the  victim  of  an  error  or  injustice.   In
addition, in view of the contents of the FBI  Report  of  Investigation,  we
are  not  persuaded  that  an  upgrade  of  the  characterization   of   the
applicant’s discharge is warranted on the basis of clemency.  Therefore,  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-2007-00040
in Executive Session on 7 March 2007, under the provisions of AFI 36-2603:

      Ms. Cathlynn B. Novel, Panel Chair
      Ms. Dee R. Reardon, Member
      Mr. Jeffery R. Shelton, Member






The following documentary evidence was considered for Docket Number BC-2007-
00040:

    Exhibit A.  DD Form 149, dated 2 Jan 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Letter, AFPC/DPPRS, dated 22 Jan 07.
    Exhibit E.  Letter, SAF/MRBR, dated 26 Jan 07




                                   CATHLYNN B. NOVEL
                                   Panel Chair