RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03385

                                        INDEX CODE:  110.00
                                        COUNSEL: None
                                        HEARING DESIRED: No

MANDATORY CASE COMPLETION DATE:  5 MAY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded  to  an
honorable discharge and change his reenlistment eligibility (RE) code.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He does not believe that there was an error on an injustice.  He would
like for his discharge  to  be  upgraded  and  his  reenlistment  code
changed to allow him enlist in the Army.

In support of his appeal, applicant submitted a DD Form 293 and a copy
of his DD Form 214.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force (RegAF) on  11 April  1987
for a period of four years as an airman basic (AB).

On 18 June 1990, the applicant’s commander notified him  that  he  was
recommending him for discharge from  the  Air  Force  (AF)  under  the
provisions of Air Force  Regulation  (AFR)  39-10  for  a  pattern  of
misconduct, conduct prejudicial to good  order  and  discipline.   The
specific reasons for the discharge action were:

      a.    On 6 September 1987,  the  applicant  received  a  traffic
ticket for driving 67 miles per hour (MPH) in a 45 MPH zone.

      b.    On  5  October  1987,  the  applicant  was  counseled  for
receiving a delinquent Noncommissioned Officer (NCO)  Club  Membership
Account letter.

      c.    On 1 June 1989, the  applicant  received  a  No  Show  for
Combat Arms Training letter for failure to report  at  the  prescribed
time to his appointed place of duty.

      d.    On 11 September 1989, the applicant received an Article 15
for stealing groceries from the base commissary.

      e.    On 10  May  1990,  the  applicant  received  a  Letter  of
Reprimand (LOR) for making a statement to a superior NCO that he had a
medical condition which required him to use the elevator, when at  the
time the applicant knew the statement was untrue.

      f.    On 12 June 1990, the applicant received an Article 15  for
operating a passenger car while drunk.

The  commander  advised  applicant  that  military  counsel  had  been
obtained  to  assist  him;  present  his  case  to  an  administrative
discharge board; be represented by legal counsel at a  board  hearing;
submit statements in his own behalf in addition to, or in lieu of, the
board hearing;  or  waive  the  above  rights  after  consulting  with
counsel.

On  19  June  1990,  the  applicant  acknowledged   receipt   of   the
notification of discharge and  after  consulting  with  legal  counsel
offered  a  conditional  waiver  of  his  rights  associated  with  an
administrative discharge board hearing contingent upon receipt  of  no
less than an under honorable conditions (general) discharge.

A base legal review was conducted and they  determined  the  case  was
legally  sufficient  to  support  separation   and   recommended   the
applicant’s conditional waiver be accepted and he be  discharged  with
an under honorable conditions (general)  discharge  without  probation
and rehabilitation.

On 5 July 1990,  the  discharge  authority  accepted  the  applicant’s
conditional waiver and directed that the applicant be discharged  with
an under honorable conditions (general)  discharge  without  probation
and rehabilitation.

The applicant was separated from the Air Force on 13 July  1990  under
the provisions of  AFR  39-10,  Administrative  Separation  of  Airmen
(misconduct-pattern  of  conduct  prejudicial  to   good   order   and
discipline), with an under honorable conditions  (general)  discharge.
He served 6 years and 7 months of active duty service.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Washington, D.C., provided an investigative report which  is  attached
at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the requested relief be denied.  They state  the
applicant has not submitted any evidence nor identified any errors  or
injustices that occurred in the processing of  his  discharge.   Based
upon the documentation in  the  applicant's  file,  they  believe  his
discharge  was  consistent  with  the   procedural   and   substantive
requirements of the discharge regulation.   Also,  the  discharge  was
within the sound discretion of the discharge authority.   Furthermore,
the applicant has not provided any facts to warrant a  change  to  his
discharge or RE code.

A complete copy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
15 December 2006, for review  and  response.   As  of  this  date,  no
response has been received by this office.

On 10 January 2007, the Board staff forwarded the applicant a copy  of
FBI report for review and response.  As of this date, no response  has
been received by this office (Exhibit F).

_________________________________________________________________

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 an error or an 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
and adopt its rationale  as  the  basis  for  our  decision  that  the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice.  The applicant is requesting  his  discharge
be upgraded and his RE code be changed to allow him to enlist  in  the
Army.  Based on the  documentation  in  the  applicant's  records,  it
appears that the processing of the discharge and the  characterization
of the discharge were appropriate and accomplished in accordance  with
Air Force policy.  In regard to the RE code,  the  applicant  has  not
provided any evidence showing that the assigned RE code was  in  error
or contrary  to  the  prevailing  regulation.   It  appears  that  the
decision to separate the applicant was proper based on  his  situation
at the time and the RE code which  was  issued  at  the  time  of  his
discharge was proper and in compliance with the appropriate directives
and  accurately  reflected  the  circumstances  of   his   separation.
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 AFBCMR Docket Number BC-
2006-03385  in  Executive  Session  on  1  February  2007,  under  the
provisions of AFI 36-2603:

                       Ms. Cathlynn B. Novel, Panel Chair
                       Mr. Don H. Kendrick, Member
                       Ms. Maureen B. Higgins, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 2 Dec 06, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 6 Dec 06
   Exhibit E.  Letter, SAF/MRBR, dated 15 Dec 06.
   Exhibit F.  Letter, AFBCMR, dated 10 Jan 07.




                                        CATHLYNN B. NOVEL
                                        Panel Chair