RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2008-02978
                                       INDEX CODE:  112.10
      xxxxxxxxxxxxx                     COUNSEL: NONE
                                             HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to  honorable
and his reentry (RE) code be changed so he  may  enlist  in  the  Air  Force
Reserve.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He does not dispute his minor infractions and wishes he  could  reverse  the
decision for his discharge from the Air Force.   He  has  learned  from  his
mistakes and wants another chance to prove himself and to his  country  that
he not only can finish what he  starts  but  will  set  new  benchmarks  for
others to follow.  The Reserves have a dire shortage  of  his  career  field
and he feels he can be an asset to his country.

In support of his request, the applicant provides a  copy  of  his  DD  Form
214, a copy of his divorce decree and  marriage  certificate,  documentation
associated with his nonjudicial punishment, and  a  copy  of  his  Senator's
letter of inquiry.

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

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STATEMENT OF FACTS:

On 13 May 91, the applicant enlisted in the Regular Air Force in  the  grade
of airman first class (E-3) for a period of four years.   He  served  as  an
Air Transportation Specialist.

On 10 Sep 92, he received  a  Record  of  Individual  Counseling  (RIC)  for
failure to report at the prescribed time to his appointed place of  duty  on
5 and 6 Sep 92.

On 10 Sep 92, he received an RIC for reporting 30 minutes late for duty.

On 8 Sep 92, he received an RIC for reporting late for duty.

On 8 Dec 92, he received a Letter of Reprimand for failure  to  perform  his
squadron details as instructed by the First Sergeant.

On 20 Apr 93, he received an  LOR  for  driving  without  insurance  on  his
vehicle and for failure to report this incident and his car accident to  his
First Sergeant.

On 28 Apr 93, he received nonjudicial punishment for being absent  from  his
appointed place of duty.  His  punishment  consisted  of  reduction  to  the
grade of airman and 30 days extra duty.  That portion of  punishment  having
to do with reduction in grade was suspended until 26 Oct  93  unless  sooner
vacated.

On 30 Apr 93, the applicant  was  notified  of  his  commander’s  intent  to
recommend him for discharge for minor  disciplinary  infractions  under  the
provisions of Air Force Regulation (AFR) 39-10, with  a  general  discharge.
On 3 May 93, the applicant acknowledged receipt of his  commander’s  intent,
consulted counsel, and submitted a statement in his own behalf.   On  13 May
93, after considering the applicant’s submission, his commander  recommended
the applicant be separated with a general discharge  without  probation  and
rehabilitation (P&R).  On 17 May 93, the  Staff  Judge  Advocate  found  the
case to be legally sufficient.   On  19  May  93,  the  discharge  authority
approved  the  recommendations  and  directed  discharge  with   a   general
discharge effective 20 May 93 with a separation code of  JKN  (misconduct  –
pattern of minor disciplinary infractions) and an RE code of 2B  (discharged
under general or other-than-honorable discharge).  He served a total of  two
years and nine days on active duty.

On 19 Mar 04, the applicant  submitted  an  application  to  the  Air  Force
Discharge Review Board (AFDRB) requesting his general discharge be  upgraded
to honorable, to change the reason and authority for the discharge,  and  to
change the reenlistment code.  The AFDRB denied his request.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, indicated that on the basis  of  the  data  furnished,  they
were unable to locate an arrest record pertaining to the applicant.

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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 also considered the applicant's  request  to  change  his  RE
code; however, we do not  find  the  evidence  presented  is  sufficient  to
compel us to recommend  granting  relief.   Therefore,  in  the  absence  of
evidence to the contrary, we find no basis upon which to recommend  granting
the relief sought.

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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-2008-02978
in Executive Session on 18 Nov 08 under the provisions of AFI 36-2603:

                 Mr.  Gregory A. Parker Panel Chair
                 Ms.  Karen A. Holloman, Member
                 Mr.  Jeffery R. Shelton, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2008-
02978 was considered:

    Exhibit A.  DD Form 149, dated 30 Jul 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Negative FBI Investigative Report not dated .




                                   GREGORY A. PARKER
                                   Panel Chair