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AF | BCMR | CY2003 | BC-2002-3688
Original file (BC-2002-3688.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03688
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to an honorable discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not represented at the time of discharge, and was told he could
request a change to his discharge at a later date.

The  applicant  did  not  submit  any   supporting   documents.    The
applicant’s complete submission is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on  7 Aug
84 for a period of 4 years.  He was promoted to the grade of airman (E-
2), effective and with a date of rank of 7 Feb 85.  The applicant  was
reduced to the grade of airman basic (E-1), with a date of rank  (DOR)
of 12 Jul 85, pursuant to an Article 15.

On 24 Jul 85, the applicant received notification that  he  was  being
recommended for discharge due to minor disciplinary infractions.   The
reasons for this action follows:  Four  Letters  of  Reprimand  (LOR),
dated 16 May 85, 4 Jun 85, 2 Jul 85 and 16 Jul 85, for writing  checks
with insufficient funds; and, an Article 15, issued on 9 Jul  85,  for
being absent without leave (AWOL), in violation of Article  86,  UCMJ.
The Article 15 punishment consisted of a reduction  to  the  grade  of
airman basic and a suspended forfeiture of pay.

On 26 Jul 85, the applicant  acknowledged  receipt  of  the  discharge
notification, that he consulted with military legal counsel  and  that
he waived his right to submit statements in his behalf.  The discharge
authority approved the separation  and  ordered  a  general  discharge
without probation and rehabilitation.  On  1  Aug  85,  the  applicant
received a  general  discharge  under  the  provisions  of  AFR  39-10
(misconduct - pattern of  minor  disciplinary  infractions).   He  had
completed a total of 11 months and 24 days  and  was  serving  in  the
grade of airman basic (E-1) at the  time  of  discharge.   Applicant’s
lost time is reflected as 2 Jul - 5 Jul 85.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the  application  be  denied.   DPPRS  states
that, based upon the documentation  in  the  file,  they  believe  the
discharge  was  consistent  with  the   procedural   and   substantive
requirements of the  discharge  regulation.   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.  The HQ AFPC/DPPRS  evaluation
is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  20
Dec 02 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 error or injustice.  The applicant  did  not  provide
persuasive evidence showing the information in the discharge case file
was erroneous, his rights were violated, his commanders  abused  their
discretionary authority,  or  that  his  service  warranted  a  better
characterization  than  the  one  he  received.    Additionally,   the
applicant provided no documents to substantiate that he has maintained
the  standards  of  good  citizenship  in  the  community  since   his
discharge; therefore, we are not inclined to exercise clemency in  the
form of an upgrade to his discharge.  In view of the above and in  the
absence of 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  this  application  in
Executive Session on 13 Mar 03, under the provisions of AFI 36-2603:

                  Mr. David W. Mulgrew, Panel Chair
                  Mr. Billy C. Baxter, Member
                  Mr. Clarence D. Long III, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2002-03688.

   Exhibit A.  DD Form 149, dated 12 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 20 Dec 02.




                                   DAVID W. MULGREW
                                   Panel Chair

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