RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01365
                                             INDEX CODE:  110.00
                             COUNSEL:  NOT INDICATED

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  4 NOV 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

His characterization of service be upgraded from  general  (under  honorable
conditions) to honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

He served honorably, and received several decorations, medals and  citations
for his service.

In support of his application, he has submitted copies of his  DD Form  214,
Certificate of Release or Discharge  from  Active  Duty  and  DD  Form  293,
Application for the Review of Discharge from the Armed Forces of the  United
States.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 24 August 1979, for a  period
of  six  years,  and  served  as  a   cable   splicing/project   maintenance
technician.

On 1 November 1988, applicant was notified  of  his  commander's  intent  to
recommend  him  for  an  under  other  than  honorable  conditions   (UOTHC)
discharge for  failure  in  alcohol  abuse  rehabilitation  and  pattern  of
misconduct.

The commander stated the  following  reasons  for  the  proposed  discharge:


        a. Counseling, dated 27 January 1987, failure to stop for a flashing
           red light


        b. Letter of Reprimand and establishment of Unfavorable  Information
           File  (UIF),  dated  1  September  1987,  for  being  drunk   and
           disorderly


        c. Letter of Reprimand, dated 15 March 1988,  driving  36 miles  per
           hour (MPH) in a 25 MPH zone


        d. Article 15, dated 2 May 1988, for driving  while  drunk  and  was
           disorderly during apprehension


        e. Previous suspended reduction in grade was vacated and a  UIF  was
           established on 6 October 1988, for  creating  a  disturbance,  by
           yelling, communicating verbal threats and beating on the door  of
           a private residence in an attempt to locate  his  wife.   He  was
           arrested for carrying a  concealed  revolver  (unloaded)  in  his
           vehicle without a license


        f. Letter of Counseling, dated 31 August 1988, for failure to attend
           seven  required  alchohol  rehabilitation  meetings  with  Social
           Actions


        g. Article 15, dated 6 October 1988, for failure to go to  work  and
           was incapacitated for  duty  because  of  his  overindulgence  in
           alcohol

The commander advised applicant of his right to consult legal  counsel,  and
after  consulting  with  counsel  submitted  a  conditional  waiver  of   an
administrative discharge board hearing, contingent on him receiving no  less
than a general (under honorable conditions) discharge.

A legal review was conducted on 16 December 1988, in which the  staff  judge
advocate recommended the conditional waiver  be  accepted  and  that  he  be
separated  with   a   general   (under   honorable   conditions)   discharge
characterization without probation and rehabilitation.

On 23 December 1988, applicant was discharged in the grade of  airman  basic
(E-1) for Misconduct – Pattern discreditable Involvement  with  Military  or
Civilian Authorities, IAW AFR  39-10,  paragraph  5-26a.   He  was  given  a
general (under honorable conditions) discharge characterization, and  an  RE
Code of 2B, “Separated with  a  General  or  UOTHC  Discharge”,  which  bars
immediate reenlistment.  He served a total of nine  years  and  four  months
active duty service.

Applicant is  entitled  to  wear  the  Air  Force  Commendation,  Air  Force
Achievement Medal, and the Air Force Good Conduct Medal.

On 21 March 2007, his narrative reason for separation  was  administratively
corrected to reflect he was discharged for a pattern of misconduct.

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.

________________________________________________________________

AIR FORCE EVALUATION:

None.  The applicant has not shown the  characterization  of  his  discharge
was contrary  to  the  provisions  of  AFR  39-10,  Pattern  of  Misconduct,
(extracted copy of applicable portion attached as Exhibit D).   Nor  has  he
shown the nature of the discharge was unduly harsh  or  disproportionate  to
the  offenses  committed.   Criteria  for  the  issuance  of  an  honorable,
general, or under other than honorable conditions discharge are outlined  in
AFR 39-10, paragraph 1-18.  (Exhibit E)

Notwithstanding the absence  of  error  or  injustice,  the  Board  has  the
prerogative to grant relief on the basis of clemency if so inclined.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he was not convicted of the charges listed on  the  FBI
report.  He also did not serve any time in prison for the charges  as  well.
He currently resides in a shelter for homeless veterans and is  involved  in
various programs and treatment  working  towards  recovery  and  maintaining
sobriety.

The applicant’s complete response is at 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.  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  the
applicant’s overall quality of service, the events  which  precipitated  the
discharge and the  evidence  related  to  his  post-service  activities  and
accomplishments.  There is nothing in the available record that would  cause
us to  disturb  the  actions  of  the  reviewing  officials  in  this  case.
Therefore, based on the available evidence of record, we find no basis  upon
which to favorably consider 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  Docket  Number  BC-2006-02793
in Executive Session on 15 August 2007, under  the  provisions  of  AFI  36-
2603:

                       Mr. Mr. Michael J. Novel, Panel Chair
                       Ms. Patricia R. Collins, Member
                       Mr. Reginald P. Howard, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Apr 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report, dated 18 May 07
    Exhibit D.  AFR 39-10, Pg 63, dated 1 Apr 88.
    Exhibit E.  AFR 39-10, Pg 13, dated 1 Apr 88.
    Exhibit F.  Letter, Applicant, dated 19 Jun 2007.




                                   MICHAEL J. NOVEL
                                   Panel Chair