RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01915
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  22 DEC 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

During his tour of duty, he acquired a drinking problem that led to  getting
pulled over and being sited for operating a  vehicle  under  the  influence.
He states he was not  entered  into  a  program  to  assist  his  condition.
Further, he was unaware of the characterization  he  was  to  receive.   The
effect of his discharge has  prevented  him  from  entering  the  Air  Force
Reserves.

In support of his request, the applicant  provided  documentation  extracted
from   his   military   personnel   record,   college    transcripts,    and
characterization letters.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 3 October 1980 in  the  grade
of airman basic.  On 2 June 1986, applicant was notified  by  his  commander
of his intent to recommend that he be discharged from the  Air  Force  under
the provisions of AFR 39-10,  paragraph  5-46  and  5-47(a).   The  specific
reasons for this action were numerous  instances  of  minor  misconduct  and
discreditable   involvement   with   military   and    civil    authorities.
Specifically, he failed to attend a  required  briefing  during  the  period
20 through 23 June 1983.  For this he received a Letter of  Reprimand  (LOR)
on 1 July 1983.

Applicant allowed the unauthorized use of a meal card by another  member  in
violation of AFR 146-19 and Article 132, Uniform Code  of  Military  Justice
(UCMJ), for which he received an LOR on 29 May 1984.

Applicant failed to go to a scheduled on the job training  (OJT)  supervisor
course in violation of Article 86, UCMJ, on 2 November 1984, he received  an
LOR.

Applicant was involved in a traffic accident on 18 July 1985 which  resulted
in him being cited by the Maryland State Police  for  driving/attempting  to
drive  a  motor   vehicle   while   intoxicated/under   the   influence   of
alcohol/drugs.  His blood alcohol level  was  .16  when  tested.   For  this
incident he appeared in the Maryland 7th District Court on 18 October  1985.
 He entered a plea of guilty, was placed on 12 months probation, fined  $200
and entered into a defensive driving program.

On 10 August 1985, applicant was cited by Fort  Meade  Military  Police  for
reckless driving and driving under the influence.  His breathalyzer  results
were .12 when  tested.   This  offense  led  to  a  U.S.  Magistrates  Court
appearance on 10  October  1985  at  which  time  he  was  given  12  months
probation and fined $100 for driving under the  influence.   On  16  October
1985, his Fort Meade driving privileges were revoked.  He  received  an  LOR
on 6 November 1985 which was placed  in  his  Unfavorable  Information  File
(UIF).  He was also placed on a control roster.

He was advised of his  rights  in  the  discharge  matter  and  acknowledged
receipt of the notification.  The applicant  waived  his  right  to  consult
counsel; however, he did elect to submit statements 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.   The  discharge
authority concurred  with  the  recommendations  and  directed  that  he  be
discharged with a general discharge without  probation  and  rehabilitation.
Applicant was discharged on 8 July 1986.  He served 5 years, 9 months and  4
days on active duty.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, provided an arrest record which is at Exhibit C.

On 8 August 2007, the applicant was provided the opportunity to  respond  to
the Investigative Report and to  provide  documentation  pertaining  to  his
post-service activities, within 30 days (Exhibit D).   In  response  to  our
request, applicant provided post-service information, and a response to  the
FBI Report of Investigation, which is at Exhibit E.

_________________________________________________________________


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 an error or injustice.   We  took  notice  of  the  applicant’s
complete submission in judging the merits of the case; however, we  find  no
evidence  of  an  error  or  injustice  that  occurred  in   the   discharge
processing.  Based on the available  evidence  of  record,  it  appears  the
discharge was consistent with the substantive requirements of the  discharge
regulation  and  within  the  commander’s  discretionary   authority.    The
applicant has provided no evidence  which  would  lead  us  to  believe  the
characterization of the service  was  contrary  to  the  provisions  of  the
governing regulation, unduly harsh,  or  disproportionate  to  the  offenses
committed.   We  considered  upgrading  the  discharge  based  on  clemency;
however, no evidence has been presented which  would  persuade  us  granting
the relief sought on that basis  is  appropriate.   The  applicant  found  a
discrepancy within the FBI report and appears to have refuted the issue.   A
further investigation would require fingerprints to substantiate the  report
is in error.  Should the applicant submit documentation  pertaining  to  the
validity of the FBI Report of Investigation, we would be willing  to  review
the request for possible reconsideration.   Therefore,  in  the  absence  of
evidence to the contrary, we find no basis upon which to recommend  granting
the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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 this application in  Executive
Session on 11 October 2007, under the provisions of AFI 36-2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Mr. Mark J. Novitski, Member
                 Ms. B J White-Olson, Member


The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2007-01915 was considered:

   Exhibit A.  DD Form 149, dated 14 June 2007, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report of Investigation.
   Exhibit D.  Letter, AFBCMR, dated 8 August 2007.
   Exhibit E.  Letter, Applicant, undated, w/atchs.





                       WAYNE R. GRACIE
                       Panel Chair