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AF | BCMR | CY2003 | BC-2003-00014
Original file (BC-2003-00014.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-00014
                                       INDEX CODE:  110.02
      XXXXXXXXXXXXXXX                   COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He would like his discharge upgraded so he could obtain GI Bill benefits  to
complete his educational goals.

The  applicant  provided  no  evidence  in  support  of  his  appeal.    The
applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 28 July 1986, the applicant enlisted in the Regular Air Force at the  age
of 18 in the grade of airman basic (E-1) for a period  of  four  years.   He
was  trained  in  the  Air  Force  Specialty  Code  (AFSC)  811X0,  Security
Specialist career field.  The applicant was promoted to the grade of  airman
(E-2) effective 28 January  1987.   He  received  one  referral  performance
report for the period 28 July 1986 through 4 August 1987,  with  an  overall
rating of seven.

The applicant had  22  incidents  of  financial  irresponsibility  over  the
period 6 January  1987  through  16  September  1987.   The  applicant  also
received four letters of reprimand and four  written  counselings  from  the
period 2 May 1987 to 28  June  1987.   On  5  November  1987  the  applicant
received an Article 15 punishment for failure to pay  a  just  debt.   On  5
November  1987,  his  commander  notified  the   applicant   that   he   was
recommending the  applicant  for  a  general  (under  honorable  conditions)
discharge under AFR 39-10, paragraph 5-46 (minor  disciplinary  infractions)
for misconduct.  The applicant acknowledged receipt, consulted  counsel  and
submitted statements to his commander on 17 November  1987.   The  assistant
staff judge advocate found the file legally sufficient on 5  November  1987.
On 25 November  1987,  the  discharge  authority  approved  the  recommended
separation and directed that the applicant  be  discharged  with  a  general
(under   honorable   conditions)    discharge    without    probation    and
rehabilitation.  The applicant was  discharged  effective  14 December  1987
with a general (under honorable  conditions)  characterization  of  service.
He had served 1 year, 4 months and 17 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states the  applicant’s  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation in affect at that time.   Additionally,  the  discharge
was within the discretion of the discharge authority.  The 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  27
January 2003 for review and response (Exhibit D).  As of this  date,  this
office has received no response.

_________________________________________________________________

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 probable error or injustice.  The applicant  did  not  provide
persuasive evidence showing the  information  in  the  discharge  case  was
erroneous, his substantial rights were violated,  or  that  his  commanders
abused their discretionary authority.  The  characterization  of  discharge
which was issued at the  time  of  the  applicant’s  separation  accurately
reflects the circumstances of  his  separation  and  we  do  not  find  the
characterization of discharge to be in error or unjust.   In  view  of  the
foregoing, we conclude  that  no  basis  exists  upon  which  to  recommend
favorable action on his request.

4.  The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially  add  to
our understanding of the issues involved.  Therefore,  the  request  for  a
hearing is not favorably considered.


_________________________________________________________________

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 14 May 2003, under the provisions of AFI 36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Mr. David W. Mulgrew, Member
      Ms. Barbara J. White-Olson, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2003-00014
was considered:

      Exhibit A.  DD Form 149, dated 19 Dec 2002.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dated 27 Jan 2003.
      Exhibit D.  Letter, SAF/MRBR, dated 7 Feb 2003.




                                  BRENDA L. ROMINE
                                                   Panel Chair

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