RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01430

                             INDEX CODE:  110.00

                             COUNSEL: NONE

                             HEARING DESIRED: YES

MANDATORY CASE COMPLETION DATE:  10 NOV 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    His general (under honorable conditions) discharge  be  upgraded
to an honorable discharge.

2.    It appears he is asking the narrative reason for  his  discharge
be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His domestic disputes at his home  had  nothing  to  do  with  how  he
performed his duties.

In  support  of  his  appeal,  applicant  submitted  copies  of   his
performance  reports,  character  references,  and  certificates   of
appreciation.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  10 Dec  02  for  a
period of six years as an airman basic (AB).

On 5 Oct 05, he was notified of his commander’s intent to  recommend
him for discharge for misconduct.   The  specific  reasons  for  the
discharge action were:

      a.    On 15 Sep 05, the applicant received an Article  15  for
assaulting an airman, damaging government property and failing to go
at the prescribed time to his appointed place of duty.

      b.    On  3  Aug  05,  the  applicant  received  a  Letter  of
Reprimand (LOR) for  using  an  issued  weapon  inappropriately  and
making a verbal and written false official statement regarding  said
use of the weapon.

      c.    On 11  Jan  05,  the  applicant  received  a  Letter  of
Counseling (LOC) for failure to pay his credit card bill.

      d.    On 11 Jan 05, the applicant received an  LOR  for  being
involved in a minor domestic disturbance, attempting to threaten his
spouse and operating  his  privately  owned  vehicle  (POV)  without
having proper insurance.

      e.    On 3 Jul 03, the applicant received an  Article  15  for
dereliction in the performance of his duties for sleeping  while  on
duty.

He acknowledged receipt of the  notification  and  after  consulting
counsel elected not to submit statements in his own behalf.

On 11 Oct 05, a legal review was conducted in which the  staff  judge
advocate recommended the  applicant  be  discharged  with  a  general
discharge without probation and rehabilitation.

On  12  Oct  05,  the  discharge  authority   concurred   with   the
recommendations  and  directed  he  be  discharged  with  a  general
discharge without probation and rehabilitation.  He  was  discharged
on 14 Oct 05.  He served 2 years, 10 months and  5  days  on  active
duty.

On 6 Jul 06, the applicant appealed to the Air Force Discharge  Review
Board (AFDRB) to have his general  discharge  upgraded  to  honorable.
The AFDRB considered all the evidence of  record  and  concluded  that
applicant’s  discharge  was  consistent  with   the   procedural   and
substantive  requirements  of  the  discharge  authority;   that   the
applicant was provided full administrative due process;  and  that  no
legal or equitable basis existed for an  upgrade  of  the  applicant’s
discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the requested relief be  denied.   DPPRS  states
the applicant has not submitted any evidence or identified any  errors
or injustices that occurred in the processing of his discharge.  Based
upon the documentation in the applicant's  file,  DPPRS  believes  his
discharge  was  consistent  with  the   procedural   and   substantive
requirements of the discharge regulation and the discharge was  within
the sound discretion of the discharge authority.

The complete DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3
Jul 07, for review and response within 30 days.  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 timely filed.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of an injustice warranting partial correction.  In  this
respect, the applicant  was  discharged  for  a  string  of  what  was
determined to be minor disciplinary infractions.  In  support  of  his
request, applicant provided  a  variety  of  documents  and  character
reference statements as testimony to his character  and  demonstrating
his involvement in local and base community activities.  Of  note,  is
the fact that his conduct was described  as  “sets  the  examples  for
others to follow” on the performance reports rendered  throughout  his
period of service.  We do not condone the behavior  exhibited  by  the
applicant, which ultimately led to his discharge from the  Air  Force.
However,  we  believe  labeling  minor  disciplinary  infractions   as
misconduct is not justified as it may be misconstrued as more  serious
misbehavior  when  taking   the   totality   of   his   service   into
consideration.  We carefully considered his  request  to  upgrade  his
discharge  to   honorable;   however,   it   is   our   opinion   that
characterization his service as general is an  accurate  depiction  of
his service and  he  has  provided  no  evidence  which  persuades  us
otherwise.  Therefore, we  recommend  the  narrative  reason  for  his
discharge be corrected as indicated below

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 RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 14 October 2005, he
was  honorably  discharged  under  the  provisions  of  AFI   36-3208,
paragraph  1-2,  (Secretarial  Authority),  with  Separation   Program
Designator (SPD) Code of KFF.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-01430 in Executive Session on 2 Oct 07, under the  provisions  of
AFI 36-2603:

                       Ms. Cathlynn B. Novel, Panel Chair
                       Ms. Jan Mulligan, Member
                       Mr. Mark J. Novitski, Member

All  members  voted  to  correct  the  records  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 May 07, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 6 Jan 07.
   Exhibit D.  Letter, SAF/MRBR, dated 3 Jul 07.





                             CATHLYNN B. NOVEL

                                        Panel Chair






AFBCMR BC-2007-01430


MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered  the  recommendation  of  the  Air
Force Board for Correction of Military Records and under the  authority
of Section 1552, Title 10, United States Code  (70A  Stat  116)  it  is
directed that:

      The pertinent military records of the Department of the Air Force
relating to                    , be corrected to show that on 14
October 2005, he was honorably discharged under the provisions of AFI
36-3208, paragraph 1-2, (Secretarial Authority), with Separation
Program Designator (SPD) Code of KFF.






                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency