RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-03126
            INDEX CODE:  110.02, 100.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded  and
his Reentry (RE) code of 2B (involuntarily separated under AFR  39-
10, with a general or under other than honorable conditions (UOTHC)
discharge) be changed.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was judged unfairly by his commander  while  serving  on  active
duty from 15 May 85 to 5 Mar 87.  He also served one  year  in  the
Air Force Reserve prior to his active duty without  incident.   His
records with the New Jersey Army National Guard (NJARNG) speak  for
itself.  He feels he has proven himself and that he can be  a  real
asset to the Air Force.  He had a few minor incidents a  few  years
ago; however, he was never given an opportunity to redeem himself.

In  support  of  his  appeal,  the  applicant  submits  a  personal
statement and extracts from his NJARNG military records.

His complete submission, with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

During the period under  review,  the  applicant  enlisted  in  the
Regular Air Force on 15 May 85.

On 23 Jan  87,  the  squadron  commander  initiated  administrative
discharge action against him for  minor  disciplinary  infractions.
The specific reasons for the proposed action follow:

      a.  On 7 Jul 86, he received a traffic ticket  on  8 Jun  86,
for speeding on base.  For this  offense,  his  driving  privileges
were suspended for 30 days.

      b.  On 11 Jul 86, he was intoxicated and failed to report for
duty.  For this offense, he received a Letter of Reprimand (LOR).

      c.  On 31 Jul 86, the applicant failed  to  go  to  a  Social
Actions appointment and was counseled on 31 Jul 86.

      d.  On 31 Jul 86 and 11 Aug  86,  he  received  a  dishonored
check notification for which collection action was authorized.

      e.  on 29 Sep 86, he received an Article 15 for driving while
his driving privileges were revoked.  His punishment consisted of a
suspended reduction in  the  grade  to  airman  and  forfeiture  of
$200.00 per month for two months.

On  10  Feb  87,  after  consulting  with  counsel,  the  applicant
submitted statements  in  his  own  behalf.   On  19  Mar  87,  his
commander provided an addendum to the recommendation for  discharge
and added the following additional reasons for discharge:

      a.  On 11 Feb 87, the applicant left his appointed  place  of
duty, without authority.  For this offense, he received a  vacation
of his previously suspended reduction to airman.

      b.  On 3 Mar 87, he cut the sleeves of  his  utility  uniform
with scissors.  For which he was given an LOR.

The applicant’s counsel requested a postponement of  the  discharge
action because a Medical Evaluation Board (MEB)  was  convening  to
determine the  applicant’s  medical  fitness  for  future  military
service.  His request was denied and his case was  processed  as  a
dual-action case.  The applicant’s AFR 35-4 was  processed  at  the
same time and referred to the Secretary of the Air Force  Personnel
Council (SAFPC).  On 25 Mar 87, the assistant staff judge  advocate
found the case file legally sufficient and  recommended  a  general
(under honorable conditions) discharge.  He noted that some of  the
minor infractions were due to his medical condition.  On 27 Mar 87,
the discharge authority directed the applicant  receive  a  general
(under honorable  conditions)  discharge.   On  15  Apr  87,  SAFPC
directed the applicant be discharged under AFR 39-10 and terminated
his medical discharge action under the provisions of AFR 35-4.

On 23 Apr 87, the applicant was discharged under the provisions  of
AFR 39-10, by reason of misconduct-pattern  of  minor  disciplinary
infractions, with service characterized as general (under honorable
conditions).  He was credited with 2 years, 3 months and 22 days of
active duty service.

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, West Virginia, indicated on the basis of
data  furnished,  they  are  unable  to  locate  an  arrest  record
(Exhibit C).

___________________________________________________________________

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  regarding  his
general (under honorable conditions) discharge.  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.

4.  Notwithstanding  the  above,  in  respect  to  the  applicant’s
request to change his RE code of 2B, we believe that some  form  of
relief is warranted.  We acknowledge the circumstances  surrounding
the applicant’s separation.  Nevertheless, given his  service  with
the Army National Guard, the lack of derogatory  information  since
leaving active duty, and  his  desire  to  continue  to  serve  his
country with the Air  National  Guard,  we  believe  he  should  be
afforded an opportunity to  serve.   Therefore,  we  recommend  his
RE code be changed to “3K,” which is a code that can be waived  for
prior service enlistment consideration, provided he meets all other
requirements  for  enlistment  under  an  existing  prior   service
program.  Whether or not he is successful will depend on the  needs
of the service and our recommendation in no way guarantees he  will
be allowed to return to any branch of the service.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that he was  discharged
on 23 April 1987 with an RE code of “3K.”

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2008-03126 in Executive  Session  on  19  May  2007,  under  the
provisions of AFI 36-2603:

      Mr. Joseph D. Yount, Panel Chair
      Mr. Michael V. Barbino, Member
      Mr. Oliver Fritz, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 18 Aug 08, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Negative FBI Notice.




                                   JOSEPH D. YOUNT
                                   Panel Chair