RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03499
                             INDEX CODE:  106.00
                             COUNSEL:  NONE

                             HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  17 May 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1988 general discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

At the time he had a problem with alcohol and  it  caused  him  to  do
inappropriate things such as fighting.   He  believes  he  served  his
country.   He  was  awarded  a  Certificate  of   Accomplishment   for
Operations Support Branch Technician of the  Quarter  and  provides  a
copy in support of his appeal.

The applicant’s complete submission, with attachment, is at Exhibit A.


_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 30 Jan 87.

The applicant was verbally reprimanded for verbally assaulting  others
in the Airman’s Dining Facility on 10 Dec  87.  An  Incident/Complaint
Report was filed.

On 29 Nov 88, the applicant received an Article  15  for  striking  an
individual in  the  face  with  his  fist  on  25 Sep  88,  for  being
disorderly on 25 Sep 88 and 31 Oct 88, and for striking an  airman  in
the face with his fist and being disorderly on 17 Feb 88.   Punishment
was in the form of forfeiture of $150.00 pay per month for two months,
30 days correctional custody, and reduction from the grade  of  airman
first class to airman basic suspended until 28 May 89.  The  applicant
did not appeal.

On 8 Dec 88, the applicant was notified of his commander’s  intent  to
recommend a general discharge for conduct prejudicial  to  good  order
and discipline.  The commander cited the above  incidents.  [Note:  On
6 Dec 88, the correctional custody superintendent had recommended  the
applicant be withdrawn from correctional custody on the eighth day  of
his  30-day  punishment  due  to  failure   of   the   program.    The
superintendent reported the applicant lost  his  temper  and  military
bearing on many occasions, was disrespectful and negative,  failed  to
follow instructions, and  the  environment  seemed  to  intensify  the
applicant’s anger.  The recommendation was approved on 7 Dec 88.]  The
applicant  acknowledged  receipt  and   the   commander   subsequently
recommended the applicant’s general discharge  without  rehabilitation
and probation (P&R).  After consulting counsel, the applicant did  not
submit a  statement  in  his  behalf.   The  case  was  found  legally
sufficient on 13 Dec 88  and  the  discharge  authority  approved  the
applicant’s separation without P&R and a general  characterization  of
service.

On 14 Dec 88, after 1 year, 10 months, and 15 days of active  service,
the applicant was separated with a general discharge in the  grade  of
airman first class.

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

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  Based on the documentation on  file,
the discharge was  consistent  with  the  procedural  and  substantive
requirements of the discharge regulation and 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, nor did he  provide  facts  warranting  a  change  to  his
general discharge.

The DPPRS complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 15 Dec 06 for review and comment within 30 days  (Exhibit
E).  As of this date, this office has received no response.

A complete copy of the FBI Report was forwarded to the applicant on 10
Jan 07 for review and comment within 14 days (Exhibit F).  As of  this
date, this office has received no response.

_________________________________________________________________

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  injustice  warranting  the  applicant’s
general (under honorable  conditions)  discharge  be  upgraded  to  an
honorable  discharge.   We  believe  responsible   officials   applied
appropriate standards in effecting the separation,  and  do  not  find
persuasive evidence that pertinent regulations were violated  or  that
the applicant was not afforded all the rights to which entitled at the
time of  discharge.   Although  the  applicant  did  not  specifically
request consideration based on clemency, we find insufficient evidence
to warrant a recommendation that the discharge  be  upgraded  on  that
basis.  In this respect, we note the applicant’s  apparent  misconduct
following his discharge, as indicated on the FBI  report.   Therefore,
in the absence of evidence to the  contrary,  we  find  no  compelling
basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did  not  demonstrate
the existence of an error or injustice;  the  application  was  denied
without a personal  appearance;  and  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-
2006-03499 in Executive Session on 22 Feb 07, under the provisions  of
AFI 36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Mr. Gregory A. Parker, Member
                 Mr. Todd L. Schafer, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 27 Nov 06, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 1 Dec 06.
   Exhibit E.  Letter, SAF/MRBR, dated 15 Dec 06.
   Exhibit F.  Letter, SAF/MRBC, dated 10 Jan 07.





                       JAMES W. RUSSELL III
                       Panel Chair