RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00358
                                             INDEX CODE:  106.00
      XXXXXXXXXXXXXXXX                  COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  19 July 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

The record is in error because, up to the time of his conviction, he  had  a
spotless record, was a model soldier, and had top evaluations.   His  career
was ruined when a soldier spit in his sister’s face, and he  was  protecting
a member of his family from harm when he went after him.

He is an entirely different individual now and, as a  True  Bible  Believing
Christian, has been drug free for a year and  has  turned  his  entire  life
around.

In support of his appeal, he has submitted a letter from the Wings of  Life,
dated January 19, 2007.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 19 March 1984, and served  as
a communications computer systems operator.

Although not used  as  a  basis  for  discharge,  his  record  contains  the
following derogatory information:

        a. Article 15, dated 14 May 1986, for,  on  or  about  4  May  1986,
           disobeying a lawful order to stand still  in  a  parking  lot  by
           turning and walking to his dormitory, and for, on or about 4  May
           1986, operating a passenger  car  while  drunk.   He  received  a
           suspended reduction to the grade of Airman (E-2),  forfeiture  of
           $75.00 per month for two months, and 14 days extra duty

        b. Special Court Martial, 18 August 1986.  Convicted of, on or about
           15 June 1986, unlawfully assaulting another  airman  by  striking
           him on the head with a baseball bat.  Sentence reduced him to the
           grade of Airman (E-2), confinement for 60 days, and forfeiture of
           $250.00 per month for two months.

        c. Article 15, dated 11 May 1987, for, on or  about  17 March  1987,
           making and uttering a check for $275.00, and thereafter,  failing
           to maintain sufficient funds in his account for  payment  of  the
           check upon its presentation for payment.  He was reduced  to  the
           grade of Airman Basic (E-1).

On 16 June 1987, he was convicted by a special court-martial  and  sentenced
to a BCD for, on or about 31 May 1987, unlawfully assaulting another  airman
by striking him on the head with his fist, and  for,  on  or  about  1  June
1987, failing to obey a lawful order of a Security Police  Officer  to  stop
and remain at the gate.

Upon completion of  the  appellate  review  of  his  special  court  martial
conviction, he was discharged on 25 March 1988, with a  BCD.   He  completed
three years, 10 months, and 17 days of net active service.

His records indicate he is entitled to the AF Training Ribbon.

On 7 July 2001, applicant appealed to the Air Force Discharge  Review  Board
(AFDRB), requesting that his records be reviewed and his BCD be upgraded  to
honorable or general under honorable conditions.  The AFDRB determined  that
neither  the  evidence  of  record  nor  that  provided  by  the   applicant
substantiated warranting clemency to  justify  a  change  of  his  BCD,  and
denied his appeal on 29 January 2002.

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

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Applicant  provided  no  facts  warranting  a
change to his discharge.  Based on the documentation on file in  his  master
personnel records, the discharge was  consistent  with  the  procedural  and
substantive requirements of the discharge regulation,  and  was  within  the
discretion of the discharge authority.

The AFPC/DPPRS evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  16
March 2007, for review and comment within 30  days.   However,  as  of  this
date, no response has been received by this office.   Additionally,  he  was
provided a copy of the FBI Investigation Report and also was given a  chance
on 25 April 2007 to provide information within 30  days  pertaining  to  his
activities since leaving the service.  As of  this  date,  no  response  has
been received by this office.

________________________________________________________________

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.  We  find  no  impropriety  in  the  characterization  of   applicant's
discharge.  It appears  that  responsible  officials  applied  appropriate
standards in effecting the separation,  and  we  do  not  find  persuasive
evidence that pertinent regulations were violated or  that  applicant  was
not afforded all the rights to which entitled at the  time  of  discharge.
We conclude, therefore, that the discharge  proceedings  were  proper  and
characterization  of  the  discharge  was  appropriate  to  the   existing
circumstances.

4.  We also find insufficient evidence to warrant  a  recommendation  that
the discharge be upgraded on the basis of clemency.   We  have  considered
applicant's overall quality of service, the events which precipitated  the
discharge, and available evidence related to post-service  activities  and
accomplishments.  Based on the evidence of record, we cannot conclude that
clemency is warranted. We note that applicant has provided  evidence  that
he is actively engaged in the Wings of  Life  rehabilitation  program  for
which he  is  to  be  commended.   However,  applicant  has  not  provided
sufficient information of post-service activities and accomplishments  for
us to conclude that applicant has overcome  the  behavioral  traits  which
caused the discharge.  Should he provide statements from community leaders
and acquaintances attesting to his good character and reputation and other
evidence  of  successful  post-service  rehabilitation,  this  Board  will
reconsider this case based on  the  new  evidence.   We  cannot,  however,
recommend approval based on the current evidence of record.

________________________________________________________________

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-2007-00358
in Executive Session on 11 July 2007, under the provisions of AFI 36-2603:


                       Mr. Michael J. Novel, Panel Chair
                       Ms. Karen A. Holloman, Member
                       Mr. Wallace F. Beard, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Jan 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, US DOJ FBI, dated 13 Apr 07.
    Exhibit D.  Letter, AFPC/DPPRS, dated 13 Feb 07.
    Exhibit E.  Letter, SAF/MRBR, dated 16 Mar 07.




                                   MICHAEL J. NOVEL
                                   Panel Chair