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AF | BCMR | CY2002 | BC-2002-02312
Original file (BC-2002-02312.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02312

            COUNSEL:  NJ VET AFFAIRS

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was immature at the time of his discharge, and has since grown up  to  be
a more responsible adult.

He is currently in a nursing home with severe  multiple  sclerosis  and  his
medical problems have delayed  his  ability  to  request  his  discharge  be
upgraded.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 19 October 1982, the applicant enlisted in the Regular Air  Force  for  a
period of four years.

The applicant was notified by his commander on  29  November  1983,  of  his
intent  to  initiate  administrative  discharge  against   him   for   minor
disciplinary infractions.  The commander  based  his  recommendaton  on  the
following:

      a.    The applicant  was  disrespectful  to  the  831st  Air  Division
Commander on 19 October 1982, in that he  did  not  render  proper  military
courtesies when he was stopped for speeding as  evidenced  by  a  Letter  of
Reprimand (LOR), dated 17 November 1982.

      b.    He was  derelict  in  the  performance  of  his  duties  on  two
occasions as evidenced by an LOR, dated 8 December 1982, and an Article  15,
dated 21 October 1983.

      c.    He was late for work on three occasions.

      d.    On 2 April 1983, he allowed an individual not  assigned  to  the
support section to receive a composite tool kit for turn-in.

      e.    He  failed  to  go  to  his  appointed  place  of  duty  on  two
occasions, as evidenced by an LOR, dated 11 May 1983.

      f.    On 31 August 1983, he was in violation of a direct order.

After consulting  with  legal  counsel,  he  waived  his  right  to  present
statements on his own behalf and requested discharge.

The  discharge  authority  approved  the  discharge  without  probation  and
rehabilitation.

On 5 January 1984, he was  discharged  under  the  provision  of  AFR  39-10
(Pattern  of  Minor  Disciplinary  Infractions),  with  an  under  honorable
conditions (general) discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
the  discharge  was  consistent  with   the   procedural   and   substantive
requirements of the discharge regulation and was within  the  discretion  of
the discharge authority.

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant deeply regrets his actions as a young, immature  man  and  has
lived a good life since his discharge.

The applicant’s complete response is at Exhibit E.

_________________________________________________________________

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 error or injustice.  After thoroughly  reviewing  the  evidence
of record and  noting  the  applicant’s  complete  submission,  we  find  no
evidence of  error  or  injustice.   In  this  respect,  we  note  that  the
discharge  appears  to  be  in  compliance  with  the  governing  Air  Force
Regulation in effect at the time of his separation and he was  afforded  all
the rights to which entitled.  The applicant has  provided  no  evidence  to
indicate that his separation was  inappropriate.  There  being  insufficient
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought.

4.  We also find insufficient evidence to warrant a recommendation that  the
discharge be upgraded on the basis of  clemency.   We  have  considered  the
applicant's overall quality of service, the  events  that  precipitated  the
discharge, and limited evidence related to his post-service  activities  and
accomplishments.  On balance, we do not believe that clemency is warranted.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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  Docket  Number  02-02312  in
Executive Session on 12 November 2002 under the provisions of AFI 36-2603:

                       Ms. Peggy E. Gordon, Panel Chair
                       Ms. Carolyn B. Willis, Member
                       Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Jul 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 9 Aug 02.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Aug 02.
    Exhibit E.  Letter, NJ Veterans Affairs, dated 25 Sep 02.




                                   PEGGY E. GORDON
                                   Panel Chair

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