RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                    DOCKET NUMBER: BC-2007-00080
                                     INDEX CODE: 110.02
    XXXXXXXXXXXX                COUNSEL:  NONE
                                     HEARING DESIRED: NOT INDICATED

________________________________________________________________

APPLICANT REQUESTS THAT:

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

2.  The Narrative Reason for Separation (Misconduct) be changed to medical.

3.  His Separation Code (JKN) “Misconduct (Minor Infractions)”  and  Reentry
Code  (2B)  “Separated  with  a   general   or   under-other-than-honorable-
conditions (UOTHC) discharge” be changed to reflect a medical discharge.

4.  The mailing address (Item 19a) and military education (Item 14)  on  his
DD Form 214 be corrected.
________________________________________________________________

APPLICANT CONTENDS THAT:

He was told he was being discharged with a general discharge because he  was
not the type of person his unit wanted in the Air Force.  He was accused  of
falsifying his statement about  the  off-base  tickets.   During  the  basic
training physical testing portion, he injured his  shoulder  doing  pushups.
He completed 105 pushups when his shoulder began to hurt.  He was seen by  a
flight surgeon and told  to  get  further  medical  attention  when  he  was
assigned to technical school.   He  successfully  completed  basic  military
training with no other problems.  Now, he is  not  able  to  do  any  manual
labor because of his arm dislocation and has no medical insurance.

In support of his request, applicant provides a personal statement,  a  copy
of his DD Form 214 and copies of his Certificates of Training.

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

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  in  the  grade  of  airman
basic (E-1) on 19 Jul 05.  He was progressively promoted  to  the  grade  of
airman first class (E-3), with a date of rank of 2 Sep 05 and  an  effective
date of 20 Jan 06.

On 12 Apr 06, the applicant disobeyed a lawful order, was  observed  smoking
while in phase one status while in a  privately  owned  vehicle,  missing  a
formation and lying to a noncommissioned officer.  For these  incidents,  he
received a letter of reprimand.

On or about 17 Feb 06, the applicant operated a motor vehicle in a  reckless
manner by drag racing another car at a speed in  excess  of  100  miles  per
hour.  For this incident, punishment  under  Article  15,  Uniform  Code  of
Military Justice (UCMJ), was imposed.  He received a reduction to the  grade
of airman and $713.00 per month for two months forfeiture of pay.

On 7 Mar 06, the applicant  failed  a  dormitory  room  inspection  for  the
fourth time.  For this incident, he received a letter of counseling.

On 3 May 2006, the applicant’s  commander  initiated  discharge  proceedings
against him under the provisions of AFI 36-3208, paragraph 5.49,  for  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 elected to waive  his  right  to  counsel  and  to
submit statements in his own behalf.  In a legal  review  of  the  discharge
case file, the chief,  administrative  discharge  branch  found  it  legally
sufficient and recommended he be  discharged  from  the  Air  Force  with  a
general discharge without probation and rehabilitation.  On 8  May  06,  the
discharge authority directed the applicant be discharged from the Air  Force
with a general discharge.  The applicant was discharged on 19 July  2006  by
reason of “Misconduct” with a Separation Code of “JKN” and  an  RE  code  of
“2B.”  He had served 1 year and 22 days on active duty.

On  30  Apr  07,  the  applicant’s  DD  Form  214,  Item  14  and  19a  were
administratively corrected by the Retirements and Separation Branch.

________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPRS recommends denial.  DPPRS states that based on the  documentation
on file in the master personnel records, the discharge was  consistent  with
the procedural and substantive requirements  of  the  discharge  regulation.
The AFPC/DPPRS complete evaluation is at Exhibit C.

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
indicates the preponderance  of  evidence  of  the  record  shows  that  the
applicant’s condition was not disabling, played no role  in  his  misconduct
and that the administrative discharge action was  appropriate.   Action  and
disposition in this case are  proper  and  equitable  reflecting  compliance
with Air  Force  directives  that  implement  the  law.   The  BCMR  Medical
Consultant’s complete evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were sent to the applicant on 13 Jul  07
and 15 Oct 07, for review and comment within 30  days.   As  of  this  date,
this office has not received a response.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After a thorough review  of  the  evidence
of record and the applicant’s  submission,  we  are  not  persuaded  he  was
erroneously or unjustly discharged.  In cases of this  nature,  we  are  not
inclined to disturb the discretionary judgments of  commanding  officers  in
the absence of a strong showing of abuse of  authority.   We  have  no  such
showing here.  Other than the assertions of the applicant, we have  seen  no
evidence indicating the information in the  available  discharge  case  file
was erroneous, his substantial  rights  were  violated,  or  his  commanders
abused their discretionary authority.  Furthermore, the  applicant  has  not
provided any new evidence  or  information  unavailable  to  his  commanders
during his discharge proceedings.  Accordingly,  we  find  the  RE  and  SPD
codes and the narrative reason for separation that was issued  at  the  time
of the applicant’s discharge accurately reflect  the  circumstances  of  his
discharge, and we do not find these codes to be in error  or  unjust.   With
regard to the corrections requested on his DD Form 214, Items  14  and  19a,
we note that these items have  been  administratively  corrected;  therefore
further action by this board is not necessary.  In view  of  the  above,  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-2007-00080
in Executive Session on 18 Dec 07, under the provisions of AFI 36-2603:

            Mr. Michael J. Novel, Panel Chair
            Mr. Anthony P. Reardon, Member
            Ms. Marcia J. Bachman, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
00080 was considered:

    Exhibit A.  DD Form 149, dated 12 Oct 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 27 Apr 07.
    Exhibit D.  Letter, BCMR Medical Consultant, dated 15 Oct07.
    Exhibit E.  Letter, SAF/MRBR, dated 13 Jul 07.
    Exhibit F.  Letter, SAF/MRBR, dated 15 Oct 07.




                                   MICHAEL J. NOVEL
                                   Panel Chair