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AF | BCMR | CY2001 | 0102021
Original file (0102021.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-02021
            INDEX CODE:  110.00

            COUNSEL:  AMERICAN LEGION

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general  (under  honorable  conditions)  discharge  be  upgraded  to  an
honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was very proud of his service in the Air Force and was  very  upset  over
his discharge.  It is clear by  reviewing  his  Airman  Performance  Reports
(APRs) that he took pride in his work.  He believes that  the  circumstances
surrounding his discharge were his fault.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  23  September  1983  in  the
grade of airman basic for a period of 4 years.

On 20 June 1986, the applicant was notified of  his  commander's  intent  to
initiate  discharge  action  against  him  for  misconduct  -  discreditable
involvement with military authorities (specific reasons at Exhibit B).

The commander indicated in his recommendation for discharge action that  the
applicant had been continually unable to conform to basic standards  of  his
job and the regulations of the Air Force.  He  had  been  counseled  by  his
supervisors, first sergeant,  and  the  commander  on  his  performance  and
conduct and necessity to meet the standards expected of him with  little  or
no effect.  The last effort towards rehabilitation as a  result  of  Article
15 action was to put him in correctional custody.  His ratings  (commander’s
weekly evaluations) in comparison with others in correctional  custody  were
weak.  The  applicant  completed  25  days  in  correctional  custody.   The
commander did not recommend  probation  and  rehabilitation.   Numerous  and
varied efforts to rehabilitate the applicant failed  completely,  and  there
was  no  indication  further  rehabilitative   efforts   would   have   been
successful.

The commander advised applicant of his right to consult  legal  counsel  and
submit statements in his  own  behalf;  or  waive  the  above  rights  after
consulting with counsel.

On 23 June 1986, after consulting with counsel, applicant waived  his  right
to submit statements in his own behalf.

On 24 June 1986, the Staff  Judge  Advocate  recommended  the  applicant  be
administratively separated from  the  Air  Force  and  furnished  a  general
(under   honorable   conditions)   discharge,    without    probation    and
rehabilitation.

On 30 June 1986, the administrative discharge was approved.

A resume of the applicant's performance reports follows:

            PERIOD ENDING         OVERALL EVALUATION

                 17 Jul 84              9
                 13 May 85              9
                 13 May 86              8

Applicant was discharged on 2 July  1986,  in  the  grade  of  airman  first
class, with service characterized as general (under  honorable  conditions),
in  accordance  with  AFR  39-10   (Misconduct   -   Pattern   Discreditable
Involvement with Military or Civil Authorities).  He  completed  2 years,  9
months and 10 days of total active duty service.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  investigation,
Clarksburg, West Virginia, indicated  they  were  unable  to  identify  with
arrest record on basis of information furnished (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.   They  indicate  that  the
commander notified the member on 20 June 1986 that he was  being  discharged
for  a  pattern  of  misconduct-discreditable  involvement   with   military
authorities.  On 11, 21, 22, 24, and 25 April 1986, he wrote bad  checks  to
the Base Exchange and received a letter of reprimand (LOR) on 5  June  1986.
On 7 February 1986, the member failed to go at the time  prescribed  to  his
appointed place of duty.  He received an Article 15, a  suspended  reduction
to airman, suspended $100 fine and 30 days correctional  custody,  of  which
he received remission after 25 days.  On 25 June 1985, 9 September 1985  and
3 January 1986, he failed to repair and received an LOR  for  each  offense.
On 29 August 1984, 25 September 1984 and 3 April 1985, he failed  to  repair
and received a letter of counseling for each offense.

Based on the documentation in the  file,  they  believe  the  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation.  Additionally, 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.  He provided no  other
facts warranting an upgrade of the discharge.  He has  not  filed  a  timely
request.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel’s response to the evaluation is attached at Exhibit F.

On 5 October 2001, the Board staff requested  the  applicant  provide  post-
service documentation within thirty (30) days.  Applicant’s  response,  with
attachments, 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable injustice regarding the applicant’s  request  to  have
his discharge upgraded to honorable. No evidence has  been  presented  which
would lead us to believe his discharge  was  improper  or  contrary  to  the
directive under which it was effected.   Nevertheless,  the  Board  majority
finds that in view of the  applicant’s  successful  transition  to  civilian
life, as evidenced by the post-service documentation  he  has  provided,  we
are of the opinion that upgrading  his  discharge  to  honorable,  based  on
clemency, would be appropriate.  Accordingly, the Board majority  recommends
that the applicant’s  general  (under  honorable  conditions)  discharge  be
upgraded to honorable.

_________________________________________________________________


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that on 2 July 1986, he was honorably
discharged and issued an Honorable Discharge Certificate.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 28 November 2001, under the provisions of AFI 36-2603:

            Mr. Terry A. Yonkers, Panel Chair
            Mr. Michael V. Barbino, Member
            Mr. Michael K. Gallogly, Member

By a majority vote, the Board voted to correct the records, as  recommended.
 Mr. Barbino voted to deny the application and does not desire to  submit  a
minority report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 August 2001, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 12 September 2001.
   Exhibit E.  Letters, SAF/MIBR, dated 21 September 2001.
   Exhibit F.  Letter, Counsel, dated 11 October 2001, w/atchs.
   Exhibit G.  Letter, AFBCMR, dated 5 October 2001, w/atch.
   Exhibit H.  Letter, Applicant, dated 1 November 2001, w/atchs.




                 TERRY A. YONKERS
                 Panel Chair




AFBCMR 01-02021





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to    , be corrected to show that on 2 July 1986, he was honorably
discharged and issued an Honorable Discharge Certificate.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency



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