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AF | BCMR | CY2003 | BC-2002-03705
Original file (BC-2002-03705.doc) Auto-classification: Denied




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03705
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general, under  other  than  honorable  conditions,  discharge  be
upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged in 1984 due to  some  financial  mismanagement  that
resulted in him writing some bad checks.  He  has  since  learned  his
lesson concerning personal finance.  He contends also that  his  first
sergeant and commander told him his discharge  would  be  upgraded  if
requested.

Applicant’s appeal is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 12  Jul  1983.   He
was promoted to the grade of Airman (AMN/E-2) with an  effective  date
and date of rank of 12 Jan 1984.

Applicant received a Letter of Counseling (LOC) on  14  Dec  1983  for
failing a room inspection.  He received an LOC  on  23  Jan  1984  for
failing a uniform inspection.  On 8 Mar 1984, the applicant was  cited
for not having his hair cut with an LOC.  On 12  Mar  1984,  applicant
received a Letter of Reprimand (LOR) for writing a bad  check.   On  5
Apr 1984, the applicant received another LOR for writing a bad check.

He received an Article 15 on 29 Mar 1984 for writing a bad check.  The
Article 15 imposed a reduction in  grade  to  Airman  Basic  (AB/E-1),
forfeiture of $100  (both  of  which  were  suspended,  unless  sooner
vacated, until 22 Sep 1984) and 30 days of correctional custody.   The
reduction in grade to AB was vacated on 4 Apr 1984  as  the  applicant
reported to correctional custody without required items he was ordered
to report with.  His new date of rank for AB was 10 Apr 1984.

On 13 Apr 1984, the applicant received notification that he was  being
recommended for discharge due his pattern of misconduct.  He  received
a general discharge on 24 Apr 1984 under the provisions of AFR  39-10,
(Misconduct-Pattern Conduct Prejudicial to Good Order and Discipline).
 He was not considered for Probation and Rehabilitation (P&R).  He had
completed a total of 9 months and 13 days and was serving in the grade
of  AB  at  the  time  of  discharge.   He  received  a   Reenlistment
Eligibility Code (RE) of 2B,  which  defined  means  Discharged  under
General or other-than-honorable conditions.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.   DPPRS  stated  that  based  on  the
information in the applicant’s file, the discharge was consistent with
the  procedural  and  substantive  requirements   of   the   discharge
regulation and was within the discretion of the discharge authority.

Additionally, DPPRS notes that the applicant provided no new  evidence
to support his claim nor did he identify any errors or injustices that
occurred during the discharge processing.

AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
10 January 2003 for review and comment within 30  days.   As  of  this
date, there has been no response received by this office.

_________________________________________________________________

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  warranting  an  upgrade  of  the
characterization of his service.   After  a  thorough  review  of  the
evidence of record and applicant's submission, we  are  not  persuaded
that the actions taken against him  were  improper,  contrary  to  the
provisions of the governing regulations in  effect  at  the  time,  or
based on factors other than his own  misconduct.   Therefore,  in  the
absence of persuasive evidence to the contrary, we find no  compelling
basis to recommend granting the relief sought in this application.


_________________________________________________________________

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 AFBCMR Docket Number BC-
2002-03705 in Executive Session on 23 April 2003, under the provisions
of AFI 36-2603:

      Mr. Charles E. Bennett, Panel Chair
      Mr. William H. Anderson, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Nov 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 13 Dec 02.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jan 03.




                                   CHARLES E. BENNETT
                                   Panel Chair

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