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AF | BCMR | CY2001 | 0101306
Original file (0101306.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01306
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to an honorable discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The applicant provided no comments.

In support of his  request,  the  applicant  submits  a  DD  Form  293
(Application for the Review of Discharge or Dismissal from  the  Armed
Forces of the United States) and two letters  of  recommendation  from
his current place of employment (Exhibit A).
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 17 Oct
80 for a period of four years.

On 18 Nov 82, the applicant received notification that  he  was  being
recommended for discharge due to minor disciplinary  infractions.   He
received a general discharge on 15 Dec 82 under the provisions of  AFR
39-10 (misconduct - pattern of minor  disciplinary  infractions).   He
had completed a total of 2 years, 1 month and 29 days and was  serving
in the grade of airman (E-2) at the time of discharge.

The relevant facts pertaining to this application, extracted from  the
applicant’s military records, are contained in the letter prepared  by
the appropriate office of the Air Force.   Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, indicated on 3 Aug 01, that,  on  the  basis  of  data
furnished, they are unable to locate an arrest record.
_________________________________________________________________

AIR FORCE EVALUATION:

The Separations Branch, HQ AFPC/DPPRS, indicated  that  the  applicant
had accumulated 3 Letters of Indebtedness, 2 Letters of  Reprimand,  3
Records of Counseling and 1 Article 15, with a  punishment  consisting
of a $50 fine, 20 days of extra duty  and  a  suspended  reduction  in
grade to airman, which was subsequently vacated.  DPPRS  stated  that,
based upon the documentation in the file,  applicant’s  discharge  was
consistent with the procedural and  substantive  requirements  of  the
discharge regulation and that  the  discharge  was  within  the  sound
discretion of the discharge authority.  The applicant did  not  submit
any new evidence or identify any errors or injustices that occurred in
the discharge processing.  DPPRS therefore recommended the applicant’s
request be denied.  A complete copy of this evaluation is appended  at
Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  29
Jun 01 for review and response.  As of this date, no response has been
received by this office (Exhibit D).
_________________________________________________________________

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.  We thoroughly  reviewed
applicant’s  entire  record  and  the  circumstances  surrounding  the
discharge and we find the evidence of record  supports  his  discharge
for  misconduct   (pattern   of   minor   disciplinary   infractions).
Furthermore, we found no evidence that responsible  officials  applied
inappropriate standards in effecting the applicant’s  discharge,  that
pertinent Air Force regulations were violated or  that  the  applicant
was not afforded all the rights to  which  entitled  at  the  time  of
discharge.  In view of the above and in the absence of  evidence  that
the applicant’s substantial rights were violated, that the information
contained in the discharge  case  file  was  erroneous,  or  that  his
superiors abused their discretionary authority, we are not inclined to
favorably consider his request for upgrade of his discharge.

4.  We have noted the information provided by the applicant pertaining
to his post-service activities  and  do  not  find  it  sufficient  to
warrant upgrading his discharge based on  clemency.   Our  finding  in
this regard is based on the limited scope of the information  provided
and the  multiplicity  of  the  infractions  the  applicant  committed
against the good order and discipline of the service.
_________________________________________________________________

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 29 August 2001, under the provisions of  AFI  36-
2603:

                  Mr. Frederick R. Beaman III, Panel Chair
                  Mr. Roscoe Hinton Jr., Member
                  Mr. E. David Hoard, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 20 May 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 15 Jun 01.
   Exhibit D.  Letter, SAF/MIBR, dated 29 Jun 01.




                                   FREDERICK R. BEAMAN III
                                   Panel Chair

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