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AF | BCMR | CY2003 | BC-2003-00041
Original file (BC-2003-00041.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00041
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be changed to an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was judged by one individual and not by a jury of his peers.

In support of his request, the applicant submits a copy of his DD Form
214, Certificate of Release or Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
20 December 1976 for a term of 4 years.

On 25 March 1980, the applicant's commander notified him that  he  was
recommending he be discharged from the Air Force for his apathetic and
defective attitude.  The applicant was punished by  article  15  twice
for failure to comply with AFR 35-10 appearance standards  in  January
and November  1979.   In  February  1980,  the  suspended  portion  of
previously imposed article 15 punishment was vacated  because  he  was
disorderly on station.  He received numerous letters of counseling for
traffic violations, failure to repair and to  comply  with  AFR  35-10
appearance standards.  Because of the failure to change  his  attitude
through numerous counselings, probation and rehabilitation (P&R)  were
not recommended.

After consulting with  the  area  defense  counsel,  he  requested  an
interview with the wing commander.  He was  personally  evaluated  and
interviewed by the evaluation officer,  who  recommended  a  discharge
without P&R because applicant demonstrated a poor attitude toward  his
military duties, did not give proper priority to duty and let personal
conveniences  and  minor  problems  override  his  performance.    The
discharge case was reviewed by the base legal office and found  to  be
legally sufficient to  support  discharge.   The  discharge  authority
approved his discharge and ordered a general discharge without P&R.

Applicant was discharged on 14 April 1980.  The applicant served three
(3) years and three (3) months and twenty-five  (25)  days  on  active
duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  The applicant did not  submit  any  new
evidence or identify any errors or injustices  that  occurred  in  the
discharge processing.  Additionally, he provided no facts warranting a
change in his discharge.  Upon review of his DD Form 214, they noticed
an error in block 28 (Narrative Reason for Separation).  A new DD 214,
Correction to  DD  Form  214,  was  issued  changing  the  reason  for
discharge to read, “Unsuitability:  Apathy and Defective Attitude.”

The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the advisory and states that in February  1980,
he was attacked by a NCO at an organization  function  and  forced  to
defend himself.  Although there  were  witnesses  to  corroborate  his
story, the NCO was not charged for assault.  Since the  applicant  had
prior Article 15 issues,  he  states  that  repercussions  were  taken
against him after this incident that cost him  his  career.   He  also
used the chain of command  and  complained  about  his  shops  working
environment.  After using the chain of command  to  complain,  he  was
ostracized by coworkers and the Article 15’s he received were  a  form
of retribution for bringing light to the problems in his shop.

Applicant’s complete  statement,  with  attachments,  is  attached  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 an error or injustice in regard to his  request  that
his general discharge be  changed  to  honorable.   After  a  thorough
review of the documentation provided in support of his appeal and  the
evidence of record, it is our opinion  that  given  the  circumstances
surrounding  his  separation  from  the  Air  Force,   the   discharge
characterization  assigned  to  the  applicant  was  proper   and   in
compliance  with  the  appropriate  directives.   Applicant  has   not
provided any evidence, which  would  lead  us  to  believe  otherwise.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling  basis   to   recommend   a   change   in   his   discharge
characterization.

_________________________________________________________________

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    BC-2003-
00041 in Executive Session on 20 May 2003, under the provisions of AFI
36-2603:

                 Mr. John L. Robuck, Panel Chair
                 Mr. Billy C. Baxter, Member
                 Mr. Kenneth Dumm, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 3 Jan 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 29 Jan 03.
      Exhibit D. Letter, SAF/MRBR, dated 14 Feb 03.
      Exhibit E. Letter, Applicant, undated, w/atchs.





      JOHN L. ROBUCK
      Panel Chair

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