RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-02037

            COUNSEL: NONE

            HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE: 30 DEC 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He has been out of the military for over 16 years and has been an  attribute
to society.  He has no felonies or misdemeanors.

In support of his appeal, the applicant provided a personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 25 Apr 89, as  an  airman
for a period of four years.

On  14  Feb  91,  the  applicant’s  commander  notified  him  that  he   was
recommending he be discharged from the Air Force (AF) for  misconduct.   The
specific reasons for the discharge action were:

      a.    On 8 Feb 90, the applicant received a Letter of Reprimand  (LOR)
and an Unfavorable Information File (UIF) for  striking  another  individual
and being under the influence of alcohol.

      b.    On 6 Mar 90, the  applicant  received  a  Letter  of  Counseling
(LOC) for receiving a traffic ticket for failing to stop at a stop sign.

      c.    On 16 May 90, the applicant received an Article 15  for  failing
to go to his prescribed duty location.

      d.    On 19 Jul 90, the applicant received an LOR  for  falsifying  an
AF Form 2426, Training Request and Completion Notification.

      e.    On 25 Sep 90, the applicant received an LOC for writing a  check
with insufficient funds to the Base Exchange.

      f.    On 3 Dec 90, the  applicant  received  an  LOC  for  failing  to
receive his flu shot.

      g.    On 10 Jan 91, the applicant received an Article 15  for  failing
to go his prescribed duty location.

On 28 Feb 91, the discharge authority directed the applicant  be  discharged
with a general discharge without probation and rehabilitation.

The applicant was discharged on 7 Mar 91.  He  served  a  total  of  1 year,
10 months and 13 days on active duty.

On 13 Apr 92, the applicant appealed  to  the  Air  Force  Discharge  Review
Board (AFDRB) to have  his  discharge  upgraded  to  honorable.   The  AFDRB
considered all the evidence of record and concluded that his  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge authority, that he was provided full administrative  due  process,
and that no  legal  or  equitable  basis  existed  for  an  upgrade  of  his
discharge.

Pursuant to  the  Board’s  request,  the  Federal  Bureau  of  Investigation
provided an investigative report which is attached at Exhibit C.  On 29  Aug
07, the Board staff forwarded the applicant a copy of  the  FBI  report  for
review and comment within 30 days and  requested  he  provide  documentation
pertaining to his activities since leaving  military  service  (Exhibit  D).
As of this date, no response has been received by this office (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  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, we do not find the evidence presented is sufficient  to  compel  us
to recommend granting the relief sought on that basis.   Therefore,  in  the
absence of evidence to  the  contrary,  we  find  no  basis  upon  which  to
recommend granting the relief sought.

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 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 AFBCMR Docket Number  BC-2007-
02037 in Executive Session on 8 Nov 07 under the provisions of AFI 36-2603:

                 Mr. Laurence M. Groner, Panel Chair
                 Mr. Reginald P. Howard, Member
                 Ms. Teri G. Spoutz, Member

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2007-02037 was considered:

      Exhibit A. DD Form 149, dated 20 Jun 07
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Investigative Report.
      Exhibit D. Letter, AFBCMR, dated 29 Aug 07.
      Exhibit E. Letter, AFBCMR, dated 29 Aug 07.




                             LAURENCE M. GRONER
                             Panel Chair