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AF | BCMR | CY2001 | 0100823
Original file (0100823.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-00823
            INDEX CODE:  106.00/110.00
            COUNSEL:
            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to  honorable
and his reenlistment (RE) code be changed from “2B” to “1M.”
_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was unjustly  characterized  and  his  reenlistment  code  was
issued in error due to fallacies in interpreting Air Force Regulations.

His  post-service  activities  as  a  family  man,   Correctional   Officer,
Community  Service  volunteer,  and  recipient  of  a  Life   Saving   Award
constitutes clemency relief.

In support of his request, the applicant submits  a  personal  statement,  a
statement from his counsel and documentation associated with his  discharge.
 The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 24 September 1985, the applicant enlisted in the regular Air Force for  a
period of 4 years. On 15 August 1989,  he  reenlisted  for  a  period  of  4
years.  On 17 May 1993, he reenlisted for  a  period  of  2  years.   During
these periods of service, he was progressively promoted to senior airman (E-
4).  His medals  include  the  Good  Conduct  Medal  w/1  OLC,  Humanitarian
Service Medal, National Defense Service Medal.

On 27 September 1991,  the  commander  issued  the  applicant  a  letter  of
reprimand for failure to pay his electrical service  and  for  two  returned
checks due to insufficient funds.

On or about 6 January 1992, it was reported to the  Section  Commander  that
the applicant had two checks returned to  Charleston  AFB  Exchange  due  to
insufficient funds.   In addition, on 9 March 1992, he  failed  to  pay  his
telephone  bill.   For  these  delinquencies,  he  was  given  a  letter  of
reprimand.

On 28  July  1993,  the  applicant  was  notified  that  the  commander  was
recommending him for a general discharge.  The reason for the discharge  was
an Article 15 issued to him for stealing a  10-speed  bike  valued  at  over
$100.00.  For this offense, on 7 July 1993, he was reduced to the  grade  of
airman first class and received 14 days of extra duty.  On 1 July  1993,  he
submitted a waiver of his right to  a  board  hearing  contingent  upon  his
receipt of no less than a general (under  honorable  conditions)  discharge.
Subsequently, the applicant was discharged under the provisions of  AFR  39-
10 (Misconduct – Other Serious Offenses) and  received  an  Under  Honorable
Conditions (General) discharge.  He served 7 years, 11 months and 3 days  of
total active military service.

On 9 March 1998,  the  Air  Force  Discharge  Review  Board  considered  the
applicant’s  request  for  discharge  upgrade  and  change  in  reenlistment
eligibility and concluded that the evidence submitted  was  insufficient  to
warrant a change of his discharge  and  reenlistment  code  and  denied  his
request (Exhibit C).

On 28 June 2001, the Federal Bureau  of  Investigation  advised  they  were
unable to locate any arrest records on the applicant.  This information  is
at Exhibit D.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Separations  and   Procedures   Branch,   AFPC/DPPRS,   reviewed   this
application and recommends denial.  DPPRS states that the applicant did  not
submit evidence or identify any errors in the discharge  processing.   DPPRS
states  that  based  on  the  documentation  in  file,  the  discharge   was
consistent with the requirements of the discharge  regulation  (See  Exhibit
E).

The Special  Programs  Branch,  AFPC/DPPAE,  reviewed  the  application  and
states that the Reenlistment  Eligibility  Code  of  “2B  separated  with  a
general or under-other-than-honorable-conditions discharge” is correct  (See
Exhibit F).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s counsel reviewed the advisory opinions  and  reasserted  his
original  contentions  and  reiterates  that  the  discharge   process   was
prejudicial  and  should  have  been  impartial.  Counsel  states  that  the
applicant should be given a second chance to serve  his  nation.   Counsel’s
response is at Exhibit H.

_________________________________________________________________

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 probable error or injustice.  Other than the assertions of  the
applicant and counsel, documentary evidence  has  not  been  provided  which
would lead us to believe that the applicant’s discharge was contrary to  the
provisions of the discharge directive under which it was effected, that  his
commanders abused their discretionary authority,  or  that  the  information
contained in the discharge case file was factually incorrect.  We noted  the
documentation the applicant provided regarding his conduct  since  his  1993
discharge for misconduct.   The  evidence  indicates  that  he  has  been  a
productive member of his community  and  has  conducted  his  affairs  in  a
responsible manner.  While  we  commend  the  applicant’s  success  in  this
regard, we do not find that these  actions  have  been  in  evidence  for  a
sufficiently lengthy period to warrant  exercising  clemency.   Accordingly,
we find no basis to act favorably on his  request  for  an  upgrade  of  his
discharge at this time.  Should the applicant continue in  this  responsible
manner and provide evidence of a lengthy and  established  pattern  of  good
citizenship, he may, of course, submit a request for  clemency  at  a  later
time.  Additionally, we are not inclined to recommend that  the  applicant’s
reenlistment code be changed from “2B to “1M” since the  2B  is  appropriate
based on the reason for his separation and service characterization  of  his
service.  Therefore, in the absence of evidence to the contrary, we find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 this application in  Executive
Session on 24 July 2001, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Michael V. Barbino, Member
      Mr. William H. Anderson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 March 2001 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFDRB Hearing Record, dated 9 March 1998.
    Exhibit D.  Letter, AFBCMR, w/FBI response, dated 28 June 2001.
    Exhibit E.  Letter, AFPC/DPPRS, dated 16 April 2001.
    Exhibit F.  Letter, AFPC/DPPAE, dated 23 April 2001.
      Exhibit G.  Letter, SAF/MIBR, dated 18 May 2001.
      Exhibit H.  Letter, Applicant’s Counsel, dated 12 June 2001.




                                   RICHARD A. PETERSON
                                   Panel Chair

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