RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00455
      INDEX CODE:  110.00
      COUNSEL:  NONE

      HEARING DESIRED:  YES

MANDATORY COMPLETION DATE:  19 AUGUST 2008

________________________________________________________________

APPLICANT REQUESTS THAT:

His  General  (under  honorable  conditions)  discharge   be   upgraded   to
Honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

He thought he had received an honorable discharge.  Nothing in  his  records
indicates reasons for an offensive discharge.  Early discharges were  common
during the Vietnam Era.  He was bored  and  there  was  a  lot  of  civilian
misconduct and incompetence that he did not want to be a part  of.   Several
times he had requested a transfer in lieu of an early out.   He  is  retired
from the Chicago Fire Department, is a  partner  in  a  prominent  Emergency
Preparedness Consulting Firm and is considered an expert in his field.

In support of his application, the  applicant  submits  a  letter  from  his
former Squadron Section Commander.   The  applicant’s  complete  submission,
with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 22 Oct 75, the applicant enlisted in the Regular Air Force at the age  of
22 in the grade of airman basic (E-1) for a period of four years.

On 21 Oct 77, applicant’s  squadron  commander  notified  him  that  he  was
recommending his discharge from the Air Force under the  provisions  of  AFM
39-12, Chapter 2, section A, para 2-4c,  dated  20  Jul  76.   The  specific
reason for this action was the applicant’s apathy and defective attitude  as
evidenced by the multiple offenses committed during the  period  of  Oct  76
through  Sep 77.   For  these  offenses,  the  applicant  received  numerous
Letters of Counseling and Article 15 punishment on 21 Sep 77 and 11 Oct  77,
respectively.

The applicant acknowledged receipt of the  notification  on  9  Nov  77  and
waived his right to submit a rebuttal or statement on his own behalf.  In  a
legal review of the case file, the  staff  judge  advocate  found  the  case
legally sufficient and recommended that he be discharged without  the  offer
of probation or rehabilitation.  On  16  Nov  77,  the  discharge  authority
concurred with the  recommendations  and  directed  that  the  applicant  be
issued a General Discharge Certificate.  The applicant was discharged on  16
Nov 77.  He had served 2 years and 25 days on active duty service.

Pursuant to the Board’s request, the Federal Bureau of Investigation  (FBI),
Clarksburg, West Virginia,  provided  a  copy  of  an  investigative  report
pertaining to  the  former  member  (Identification  Record  No.  578848EA1)
(Exhibit C).

________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  states  that   based   on   the
documentation on file in  the  applicant’s  master  personnel  records,  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  The discharge was  within  the  discretion  of
the discharge authority.  Additionally, the applicant  did  not  submit  any
evidence  or  identify  any  errors  or  injustices  that  occurred  in  the
discharge processing, and he provided no  facts  warranting  change  to  his
under honorable conditions (general) discharge

The complete DPPRS evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his letter dated 1 Apr 07, the applicant requested an extension in  order
to reply to the Air Force evaluation and  requested  additional  information
regarding his discharge case file (Exhibit F).  In  our  response  dated  17
Apr 07, we advised the applicant that we were unable to grant his  extension
request due to a statutory mandate.  We also provided him  with  a  copy  of
the FBI report (Exhibit G).  To date, we have not  received  a  response  to
any of the aforementioned correspondence.

________________________________________________________________

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.   After  careful  consideration  of  the
applicant’s request  and  the  available  evidence  of  record,  we  see  no
evidence that would warrant  an  upgrade  of  his  discharge  to  honorable.
Other than his own assertions, the applicant has provided no  evidence  that
would lead us to believe the actions taken  to  effect  his  discharge  were
improper, or that the information in his discharge case file  is  erroneous.
Additionally, the applicant has not  provided  evidence  pertaining  to  his
post-service activities and accomplishments to  support  possible  favorable
consideration of his request based on clemency.   Should  applicant  provide
statements from community leaders and acquaintances attesting  to  his  good
character and reputation  and  other  evidence  of  successful  post-service
rehabilitation, we may  be  willing  to  reconsider  his  request.   In  the
absence of such evidence showing his discharge was erroneous  or  unjust  at
the time he was affected, we have no basis on which  to  favorably  consider
this application.

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.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered upon the submission

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 28 June 2007, under the provisions of AFI 36-2603:

               Ms. B. J. White-Olson, Panel Chair
               Ms. Mary C. Puckett, Member
               Ms. Renee M. Collier, Member

The following documentary evidence was considered in AFBCMR BC-2007-00455:

    Exhibit A.  DD Form 149, dated 18 Jan 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 21 Feb 07.
    Exhibit F.  Letter, Applicant, dated 1 Apr 07.
    Exhibit G.  Letter, AFBCMR, dated 17 Apr 07 w/atch.




                                   B. J. WHITE-OLSON
                                   Panel Chair