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AF | BCMR | CY2003 | BC-2002-03926
Original file (BC-2002-03926.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03926

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since leaving the Air Force in 1987 he has not been  in  any  trouble.
His complete application is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
31 October 1983.  The applicant was involuntarily discharged under the
provision of AFR 39-12 (Misconduct -  Pattern  of  Minor  Disciplinary
Infractions) with service characterized as  general  (under  honorable
conditions) on 29 January 1987 in the grade of airman first class.  He
served 3 years, 2 months and 29 days of active service.

On 16 January 1987, the applicant was notified by his  commander  that
he was recommending applicant for a discharge for a pattern  of  minor
disciplinary infractions and recommended a general  discharge.   Basis
for the action  was  the  applicant  received  two  Article  15s,  for
striking another airman on 9 March  1986  and      29  November  1986.
Punishment included reduction to airman (suspended until 18  September
1986), forfeiture of $200 per month  for  2  months  and  correctional
custody for  30  days.   After  the  second  incident,  his  suspended
reduction was remitted and he forfeited  $150.   In  addition  to  the
Article 15s, he was counseled both formally and  informally  regarding
his deficiencies; but he failed  to  improve.   Applicant  waived  his
right to consult with counsel and submit statements.  The  base  legal
office reviewed the discharge package and found it legally  sufficient
to support the discharge.  His commander did not  recommend  probation
or further  rehabilitation.   The  Discharge  Authority  approved  the
separation and ordered  a  general  discharge  without  probation  and
rehabilitation on 26 January 1987.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  Based  on  the  documentation  in  the
file, DPPRS believes the discharge was consistent with the  procedural
and   substantive   requirements   of   the   discharge    regulation.
Additionally, the discharge was within the discretion of the discharge
authority.  Applicant did not submit any new evidence or identify  any
errors or injustices that occurred in the discharge proceedings.   The
applicant provided no facts warranting an upgrade of the discharge.

AFPC/DPPRS complete evaluation is attached at Exhibit C.

AFPC/DPPAE stated  that  the  applicant’s  requests  his  Reenlistment
Eligibility code 2B “Involuntarily separated with a general  or  under
other than honorable conditions discharge” be changed to allow him  to
enlist in the Air  Force  Reserve.   We  conducted  a  review  of  the
applicant’s case file.  The applicant  was  discharged  from  the  Air
Force on 29 January 1987 under the provisions of AFR 39-10 (Misconduct-
Pattern of Minor  Disciplinary  Infractions)  with  a  general  (under
honorable conditions) discharge.  The  Reenlistment  Eligibility  (RE)
code 2B is correct.

AFPC/DPPAE complete evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
14 February 2003, for review and comment within 30 days.  As  of  this
date, no response has been 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, the Board excused
the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice.  After reviewing the  evidence
of record, it appears that applicant’s  discharge  was  in  accordance
with the applicable regulation.  Based on this determination, the only
other basis upon which to recommend an upgrade of his discharge  would
be based on  clemency.   However,  applicant  has  failed  to  provide
documentation pertaining to his post service activities.   If  he  can
provide such documentation, we would  be  willing  to  reconsider  his
application.  In view of our above findings, we  find  no  basis  upon
which to recommend favorable action on this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of a 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  BC-2002-
03926 in Executive Session on 6 May 2003, under the provisions of  AFI
36-2603:

                 Mr. Roscoe Hinton, Jr., Panel Chair
                 Mr. Vaughn E. Schlunz, Member
                 Ms. Mary J. Johnson, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 5 Dec 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 14 Jan 03.
      Exhibit D. Letter, AFPC/DPPAE, dated 10 Feb 03
      Exhibit D. Letter, SAF/MRBR, dated 14 Feb 03.






      ROSCOE HINTON, JR
      Panel Chair

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