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AF | BCMR | CY1999 | 98032742
Original file (98032742.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR  CORRECTION O$  MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-02581 
COUNSEL:  NONE 

HEARING DESIRED:  NO 

Applicant  requests  that  his  26  January  1978  general  discharge  be 
upgraded to honorable.  Applicant's submission is at Exhibit A. 

The appropriate Air  Force office evaluated applicant's  request and 
provided  an  advisory  opinion  to  the  Board  recommending  the 
application  be  denied  (Exhibit  C )  . 
The  advisory  opinion  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 advisory opinion 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, Mrs. Barbara A. Westgate, Mr.  Henry Romo Jr., 
and  Mr.  Kenneth  L.  Reinertson,  considered  this  application  on 
28  January  1999  in  accordance  with  the  provisions  of  Air  Force 
Instruction 36-2603 and the governing statute, 10 U . S . C .   1552. 

BARBARA A. WESTGATE LdAAL 
/l$LL 

Panel Chair 

u 

Exhibits: 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  SAF/MIBR Ltr Forwarding Advisory Opinion 

. 

DEPARTMENT O F  T H E  AIR  FORCE 

HEADQUARTERS  AIR  FORCE  P E R S O N N E L C E N T E R  

RANDOLPH  AIR  FORCE  B A S E  TEXAS 

OCT  1 9  

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPCDPPRS 

550 C Street West Ste 11 
Randolph AFB TX  78 150-47 13 

The applicant, while serving in the grade of airman, was discharged from the Air Force 26 Jan 

78 under the provisions of AFM 39-12 (Misconduct) with an under honorable conditions 
(general) discharge.  He served 02 years 02 months and  14 days total active service. 

Requested Action.  The applicant is requesting an upgrade of his discharge to honorable. 

Basis for Request.  Applicant states he believes he was unjustly classified. He has a clean 

record with police for over 20 years after separation. 

Facts.  On  19 Dec 77, applicant was notified by his commander that involuntary discharge 

action had been initiated against him with a view to effecting his discharge for misconduct. 
Specifically, applicant had received three Art  15s, one for failure to go (three specifications), one 
for driving on base while driving privileges were suspended and one for failure to obey a lawful 
order.  He had received five Letters of Reprimand, one Letter of Indebtedness, and three record 
of counselings.  His file reflects that his supervisors had on eight occasions made memos for the 
record documenting additional failures to go, poor job performance, poor OJT progression, and 
one incident of sleeping on duty.  Applicant was advised he had a right to consult counsel and the 
right to submit statements in his own behalf.  He did not consult counsel and did not submitted 
statements in his own behalf.  The case was reviewed by the base legal office and found to legally 
sufficient to support discharge.  The discharge authority approved the recommendation for 
discharge on 23 Jan 78 and directed that the applicant be finished a general discharge certificate 
without probation. 

Discussion.  This case has been reviewed-for separation processing and there are no errors or 

irregularities causing an injustice to the applicant.  The discharge complies with directives in effect 
at the time of his discharge.  The records indicate member’s military service was reviewed and 
appropriate action was taken. 

Recommendation. Applicant did not identi@ any specific errors in the discharge processing nor 

provide facts which warrant an upgrade of the discharge he received. Accordingly, we 
recommend applicant’s request be denied.  He has not filed a timely request. 

Q’bLL+f!!!r 
JOHN C. WOOT  N, DAF 
Military Personnel Mgmt Spec 
Separations Branch 
Dir of Personnel Program Management 



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