RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01801
            INDEX CODE:  110.02
      xxxxxxxxxxx      COUNSEL:  None
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 9 DECEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has been an outstanding citizen since his discharge.  He  is  seeking  to
attend college to receive a degree in computer technology.   He  would  like
to use these skills to serve his country by working for  the  Department  of
Homeland Security.

In support of his request, applicant provides a copy of his DD Form 214.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 4 December 1985, the applicant enlisted in the Regular Air Force  in  the
grade of airman basic (E-1) for a period of 6 years.  He  was  progressively
promoted to the grade of senior airman (E-4), with a date of rank of 18  May
1988.  He received an Airman Performance Report closing 31 January  1989  in
which the overall evaluation was an 8 (9 being the highest rating).

On 6 February 1987, he received  a  letter  of  counseling  for  failure  to
maintain his room in inspection order.

On 27 March 1987, he received a letter of reprimand for failure to  maintain
financial obligations.

On 7 April 1987, the applicant uttered a check to the  Army  and  Air  Force
Exchange Service without sufficient funds.  For  this  incident,  punishment
under Article 15, Uniform Code of Military Justice (UCMJ) was  imposed.   He
received a suspended reduction to airman, and $50 forfeiture of his pay  per
month for two months.

On 17 November 1987, he received  a  letter  of  reprimand  for  failure  to
maintain proper control of his checking account which resulted in a  $150.00
dishonored check.

On 3 June 1988, the applicant received a letter of counseling  for  uttering
a check without sufficient funds.

On 28 February 1989, the applicant operated a vehicle after  his  privileges
to  operate  a  motor  vehicle  had  been  suspended.   For  this  incident,
punishment under Article 15, Uniform Code of  Military  Justice  (UCMJ)  was
imposed.  He received a suspended reduction to airman first class,  and  $50
forfeiture of his pay per month for two months.

On 17 March 1989, the applicant’s commander initiated discharge  proceedings
against him under the provisions of AFR 39-10, paragraph 5-46 for a  pattern
of minor disciplinary  infractions.   The  applicant  was  notified  of  his
commander’s  recommendation  and  that  a  general   discharge   was   being
recommended.  He was advised of his rights and consulted  with  counsel  and
elected to submit statements in his own behalf.  In a legal  review  of  the
discharge case file, the staff judge advocate found  it  legally  sufficient
and recommended  he  be  discharged  from  the  Air  Force  with  a  general
discharge without probation  and  rehabilitation.   On  29 March  1989,  the
discharge authority directed he be  discharged  with  a  general  discharge.
Subsequently, he was discharged on 31 March 1989 after  serving  3 years,  3
months, and 27 days on active duty.

On 1 December 1989, the  Air  Force  Discharge  Review  Board  reviewed  and
denied the applicant’s request that his discharge be upgraded to honorable.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an investigative  report  pertaining  to  the  applicant,
which is at Exhibit C.

On 21 June 2007, the applicant was given the opportunity to submit  comments
about his post service activities (Exhibit  E).   The  applicant  states  he
believes the source of his problems in the Air Force was that he  was  young
and inexperienced.  He started drinking a lot in the military and made  some
terrible decisions.  He is currently in a program  for  veterans  that  have
alcohol and drug abuse problems.  He is  has  been  four  months  sober  and
clean and for the first time since high school  has  found  some  peace  and
stability in his life.  He is currently  enrolled  in  a  community  college
majoring in  Computer  Information  Technology.   The  applicant’s  complete
letter, with attachments, is at Exhibit G.

On 22 June 2007, a copy of the FBI report was  forwarded  to  the  applicant
for review and comment.  As of this date, this office  has  not  received  a
response.

_________________________________________________________________

AIR FORCE EVALUATION:

None.  The applicant has not shown the  characterization  of  his  discharge
was contrary to the provisions of AFR 39-10,  Administrative  Separation  of
Airmen, paragraph 5-57b (Pattern of  Misconduct  –  Conduct  Prejudicial  to
Good Order and Discipline) (extract 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.  Notwithstanding the absence  of
error or injustice, the Board has the prerogative to  grant  relief  on  the
basis of clemency if so inclined.

_________________________________________________________________

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 characterization  of  service.
Other than his own assertions, the applicant has provided no evidence  which
would lead us to believe the information  in  his  discharge  case  file  is
erroneous,  that  his  substantial  rights  were  violated,  or   that   his
commanders abused  their  discretionary  authority.   In  addition,  an  FBI
record provided information pertaining  to  the  applicant  which  indicates
recent involvement with law enforcement  authorities.   We  have  noted  the
supportive statements submitted on behalf of the applicant; however,  we  do
not find them sufficient to warrant clemency based on  the  multiplicity  of
the applicant’s infractions.  Accordingly,  his  request  is  not  favorably
considered.


_________________________________________________________________

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-2007-01801
in Executive Session on 26 July 2007, under the provisions of AFI 36-2603:

                 Ms. B J White-Olson, Panel Chair
                 Ms. Josephine L. Davis, Member
                 Mr. Alan A. Blomgren, Member


The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
01801 was considered:

      Exhibit A.  DD Form 149, dtd 1 Jun 07, w/atch.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  FBI Investigative Report #84319MA7,
                  dtd 15 Jun 07.
      Exhibit D.  Excerpt of AFR 39-10, dtd 1 Oct 84.
      Exhibit E.  Letter, AFBCMR, dtd 21 Jun 07.
      Exhibit F.  Letter, AFBCMR, dtd 22 Jun 07.
      Exhibit G.  Letter, Applicant, dtd 19 Jul 07, w/atchs.




                                  B J WHITE-OLSON
                                                   Panel Chair