RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03549
		INDEX CODE:  110.00
		
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

2.  His narrative reason for separation be changed to a more 
favorable narrative.

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APPLICANT CONTENDS THAT:

He recognizes his personnel and medical records were critical in 
determining his character of service and narrative reason for 
discharge; however, his service records were not entirely 
accurate and interpreted in a completely unbiased manner.  In 
light of substantial credible evidence, his performance, 
conduct, psychological, and physical evaluations for the 
majority of his enlistment, were satisfactory.

His records do not contain an Article 15 for larceny, or 
citations by the Alexandria Police Department, and England AFB.  
There is no AF Form 533, Certificate of Compliance - Private 
Motor Vehicle Registration, with respect to an uninsured vehicle 
or improperly registered vehicle.  There is no letter of 
reprimand (LOR) issued on 12 May 81 in his records.  He believes 
these items were cited to characterize him in a negative light 
to further justify the actions taken by his superiors.

He graduated from Georgia State University with a Bachelor of 
Arts Degree in Accounting.

In support of his request, applicant provided a personal 
statement, and copies of his military personnel and medical 
records.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 22 Jun 79.  He 
was progressively promoted to the grade of airman first class.  
He received two Airman Performance Reports (APRs) with overall 
ratings of 5 and 2 out of a possible 9 rating.

On 18 May 81, applicant’s commander notified him that he was 
recommending he be discharged from the Air Force for frequent 
involvement of a discreditable nature with military authorities.  
The following is the basis of the commander’s recommendation:  
1) He received an Article 15 on 4 Jan 80, for being 
disrespectful to a superior NCO; 2) He received an Article 15 on 
4 Sep 80, for using disrespectful language towards a superior 
NCO; 3) On 17 Oct 80 the suspended reduction of the previous 
Article 15 was vacated for his being absent without leave 
(AWOL); 4) On 23 Jan 81, he was cited for operating a motor 
vehicle without a valid drivers license in his possession; 5) On 
12 May 81, he received a Letter of Reprimand for operating a 
motor vehicle without a valid drivers license, vehicle not 
insured, and vehicle not properly registered; and 6) He received 
an Article 15 on 14 May 81, for attempting to steal a government 
meal.

The applicant met with assigned counsel and submitted statements 
in his own behalf.  The case file was found legally sufficient 
and the discharge authority approved the separation.  He was 
discharged on 10 Jun 81, in the grade of airman, under the 
provisions of AFM 39-12, by reason of misconduct-frequent 
involvement with civil/military authorities, and received a 
general discharge, after having served for 1 year, 11 months, 
and 14 days. 

Pursuant to the Board’s request on 23 Jan 08, the Federal Bureau 
of Investigation (FBI), Clarksburg, West Virginia, provided a 
copy of an Investigative Report, which is at Exhibit C.  On     
25 Feb 08, a copy of the FBI report was forwarded to the 
applicant for review and comment within 30 days.

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APPLICANT’S REVIEW OF THE FBI REPORT:

Applicant states at the time he submitted his application, he 
based it on his active duty service records.  Now, in light of 
recent correspondence, he would like to concentrate the scope of 
his focus on his post-service records and accomplishments.  He 
is prepared to provide documentation pertaining to his 
accomplishments which include his Associate’s degree in Business 
Administration from Dekalb Community College, his Bachelor’s 
degree in Accounting from George State University, Mack Robinson 
School of Business.  As a result of his academic excellence he 
is a member of Alpha Beta Gamma, which is a National Business 
Honor Society for Junior Colleges.

After his discharge from the service in June 1981, he pursued 
his goals which included his education and employment.  For more 
than five years after his discharge from the Air Force he 
remained gainfully employed in a host of jobs to include dish 
washer, parking attendant, security guard, taxi cab driver, 
customer service engineer, and sales and service management.

In reviewing his FBI report, he found where the report lists 
some New Jersey arrests that were subsequently dismissed by the 
State.  He submitted a petition to have these charges removed 
from his record.  There is one conviction he is challenging 
through the courts in a remedy known as Post-Conviction Relief.  
With respect to any arrests taking place in the State of 
Georgia, occurring more than ten (10) years after his discharge 
and beyond the three (3) to five (5) years generally viewed as 
the amount of time required to establish sufficient post-service 
accomplishments to merit consideration by the AFBCMR, for the 
most part these arrests were mostly traffic related offenses 
which are not considered criminal offenses in most states.  For 
any alcohol or dependency related offenses, he has sought and 
successfully completed intensive treatment.  For any criminal 
offenses he pled guilty to, he currently has Heabus Corpuses 
[sic] submitted before the courts and is currently awaiting 
decisions from the courts.  He has had a difficult life and has 
faced some tough challenges.

Applicant’s complete response is at Exhibit E.  

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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.  We considered 
upgrading the discharge based on clemency; however, we do not 
find the evidence presented is sufficient to compel us to 
recommend granting the relief sought on that basis.  Therefore, 
in the absence of evidence to the contrary, we find no basis 
upon which to recommend granting the relief sought.

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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-2007-03549 in Executive Session on 1 Apr 08, under the 
provisions of AFI 36-2603:

	Mr. XXXXXXXXXXXXX, Panel Chair
	Mr. XXXXXXXXXXXXX, Member
	Ms. XXXXXXXXXXXXX, Member

The following documentary evidence pertaining to Docket Number 
BC-2007-03549 was considered:

    Exhibit A.  DD Form 149, dated 15 Jul 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFBCMR, dated 25 Feb 08.
    Exhibit E.  Letter, Applicant, dated 4 Mar 08.





								XXXXXXXXXXXX
								Panel Chair