RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-03382
		INDEX CODE:  110.02
	 	COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

“He was an irresponsible airman; however, he was always an 
honest and willing airman to support the mission.”

He feels he was not represented very well in his defense.  

It has been a long time and he has wished many times to do it 
all over again, right.

It has been a long time since his discharge and he has not been 
in legal trouble.  He has learned to be more responsible, 
dependable, and a good American.

He has grown to be a good person and a more responsible 
individual.  

He has always regretted being a poor airman and if given a 
chance again, he would hope that he would do the right thing all 
the time.  

He reflects all the time and wished he had done a better job 
while he was in the Air Force.  He is proud to have served.

The applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered the active duty Air Force on 19 Jun 74 and 
served for a period of 3 years, 11 months, and 1 day.

Records indicate the applicant received 33 Letters of Reprimand 
and counselings for committing numerous offenses of failure to 
repair, uniform violations, failure to comply with rules, 
uttering dishonored checks, destroying government property, and 
possessing a deadly weapon.  He received two Article 15s, Record 
of Nonjudicial Punishment, for negligently failing to secure his 
weapon and leaving it in a parking lot and without authority, 
failed to go at the prescribed time to his appointed place of 
duty.

On 17 Apr 78, the applicant’s commander notified him of pending 
discharge actions.  The applicant acknowledged receipt, and 
after consulting counsel, offered a conditional waiver of his 
rights associated with an administrative discharge board hearing 
contingent upon receipt of a general discharge.

The applicant’s discharge was found legally sufficient by the 
staff judge advocate and on 11 May 78, the discharge authority 
directed that the applicant be discharged with a general (under 
honorable conditions) discharge.

The applicant was discharged on 19 May 78 with a general (under 
honorable conditions) discharge.

The applicant appealed in person to the Air Force Discharge 
Review Board for an upgrade of his discharge and a change his 
reenlistment code.  The Board denied both requests on 14 Oct 80. 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
663233HB2, which is at Exhibit C.  On 21 Dec 07, a copy of the 
FBI report was forwarded to the applicant for review and comment 
within 30 days.  As of this date, no response has been received 
by this office.

On 21 Dec 07, a request for post-service information was 
forwarded to the applicant for response within 30 days (Exhibit 
D). As of this date, no response has been received by this 
office.

Additionally, notwithstanding the absence of error or injustice, 
the Board has the prerogative to grant relief on the basis of 
clemency if so inclined.

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APPLICANT'S REVIEW OF FBI REPORT:

A copy of the FBI report and post service information bulletin 
were forwarded to the applicant on 21 Dec 07 for review and 
comment within 30 days.  As of this date, this office has 
received no response.

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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 find no evidence of an error or injustice 
that occurred in the discharge processing.  Based on the 
available evidence of record, it appears the discharge was 
consistent with the substantive requirements of the discharge 
regulation and within the commander's discretionary authority.  
The applicant has provided no evidence which would lead us to 
believe the characterization of the service was contrary to the 
provisions of the governing regulation, unduly harsh, or 
disproportionate to the offenses committed.  Therefore, in the 
absence of evidence to the contrary, we find no basis upon which 
to recommend granting the relief sought.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

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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.

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The following members of the Board considered Docket Number BC-
2007-03382 in Executive Session on 7 February 2008, under the 
provisions of AFI 36-2603:

	Mr. XXXXXXXXXXXXXXX, Panel Chair
	Ms. XXXXXXXXXXXXXX, Member
	Mr. XXXXXXXXXXXXXX, Member






The following documentary evidence was considered for Docket 
Number BC-2007-03382:

    Exhibit A.  DD Form 149, dated 4 Oct 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report
    Exhibit D.  AFBCMR Letter, w/atchs, dated 21 Dec 07.
    



                                   XXXXXXXXXXXXXX
                                   Panel Chair