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AF | BCMR | CY1998 | 9801691
Original file (9801691.pdf) Auto-classification: Denied
AIR FORCE 

BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

FEB 2 5 1999 

DOCKET NUMBER:  98-01691 
COUNSEL:  NONE 
HEARING DESIRED: NO 

Applicant requests his general discharge be changed to honorable. 
Applicant's submission is at Exhibit A. 

The Air  Force Discharge Review Board  (AFDRB) denied applicant s 
request  on  29  July  1998. 
In  accordance  with  policy,  the 
application was forwarded to this Board for further consideration 
(Exhibit C).  The AFDRB brief was forwarded to the applicant for 
review and response  (Exhibit D).  As of this date, no response 
has been received by this office 

After  careful  consideration  of  applicant's  request  and  the 
available evidence of  record, we  find  insufficient evidence of 
error or injustice to warrant corrective action.  The facts and 
opinions stated  in the AFDRB  brief  appear to  be  based  on  the 
evidence  of  record  and  have  not  been  rebutted  by  applicant. 
Absent persuasive evidence applicant was denied rights to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied, we  find  no  basis  to 
disturb the existing record. 
Accordingly, applicant's request is denied. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be  reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 
Members  of  the  Board  Ms.  Charlene  M.  Bradley,  Mr.  Terry  A. 
Yonkers, and Ms.  Peggy E.  Gordon considered this application on 
16 December 1998 in accordance with the provisions of Air Force 
Instruction 36-2603, and the governing statute, 10, U.S.C. 1552. 

I 

CHARLENE M. BRADLEY 
Panel Chair 

' 

L' 

Exhibits : 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  AFDRB Brief 
D.  AFBCMR Ltr Forwarding AFDRB Brief 

D E P A R T M E N T  O F  T H E  A I R   F O R C E  

HE ADOUARTERS  55TH W I N G  (ACC) 

O F F U l T  AIR  F O R C E  BAS E.  NEB RASKA 

ORANDUM FO 

FROM 

.. 

SUBJECT:  Letter of Notification 
1.  I am recommending your discharge fiom the United States Air Force for Misconduct-A 
Pattern of Misconduct.  The authority for my recommendation is AFPD 36-32 and 
MI 36-3208,  paragraph 5.50.2. If my recommendation is approved, your service will be 
characterized as honorable or general.  I am recommending that your service be characterized as 
general. 

2.  My reasons for this action are: 

a.  On or about 6 Novemeber 1995 you were disrespectful in deportment toward- 

or this offense you received nonjudicial punishment consisting a 
an effective 27 November 1995. (Atch 1-1) 

3 March 1995.  (Atch 1-2) 

95 you communicated a €heat  to another military member, 
For this incident you received a letter of reprimand, dated 

ou were disrespectful in language and deportment towards 
24 March 1994 you failed to report for duty on time to room 
t.  For these offenses you received nonjudicial punishment 

consisting of suspended reduction to the grade of Airman and forfeiture of $75.00 of your pay 
per month for two months. (Atch 1-3) 

Copies of the documents to .be forwarded to the separation authority in support of this 

recommendation are attached.  The commander exercising special court-martial jurisdiction or a 
higher authority will decide whether you will be discharged or retained in the Air Force.  If you 
are discharged, you will be ineligible for reenlistment in the Air Force and probably any other 
branch of the military. 

3.. You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consul 
Bldg 323C, R M  302, Phone 4-3939, at  /f&9 
Instead of the 
appointed counsel, you may have another, if the lawyer you request is in the active military 
service and is reasonably available as determined according to AFI 5 1-20 1. In addition to 
military counsel, you have the right to employ civilian counsel. The Air Force does not pay 
expenses incident to the employment of civilian counsel.  Civilian counsel, if employed, must be 
readily available. 

ea Defense Counsel, 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by \\ 
unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

P Jqs 

5.  If you fail to consult counsel or to submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

6.  You have been scheduled for a medical examination.  You must report to the 55th Medical 
Group, Physical Exam Section at 0930 hrs on 5 December 1995 for the examination. 

7.  Any personal information you flurnish in rebuttal is covered by the Privacy Act Statement as 
explained in AFI 36-3208, attachment 2.  A copy of MI 36-3208 is available for your use in the 
unit orderly room. 

8.  Execute the acknowledgment provided and return to me immediately. 

Attachments: 
Atch 1-1;  Article 15,27 November 1995. 
Atch 1-2;  Letter of reprimand, dated 3 March 1995. 
Atch 1-3;  Article 15,7 April 1994. 



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