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AF | BCMR | CY2003 | BC-2003-00724
Original file (BC-2003-00724.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00724
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be changed to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not properly evaluated and never  given  a  fair  hearing.   He
states that he never failed any alcohol class.  The applicant declares
that he was also assaulted and the person was never charged.

In support  of  his  request,  the  applicant  does  not  provide  any
documentation.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
25 June 1985 for a term of 4 years.

On 13 August 1986, the applicant's commander notified him that he  was
recommending he be discharged from the Air Force for  his  failure  in
the social actions alcohol rehabilitation program.  The basis for  the
action was on 27 May 1986, the applicant was entered into the  alcohol
rehabilitation program and on 15 July 1986, he was determined to  have
failed to complete  the  program  because  of  his  continued  alcohol
incidents.  He received a letter of reprimand on 28 February 1986  for
discharging fireworks on base.  He received an Article 15  on  9  July
1986 for being disorderly on station, willfully damaging  a  dormitory
hallway by punching a hole in the wall and for striking another airman
in the face with his fist.  The applicant was counseled  and  afforded
an opportunity to overcome his deficiencies prior to the initiation of
this action.  The  commander  and  staff  judge  advocate  recommended
discharge without probation and rehabilitation (P&R) because applicant
continued to disregard his responsibilities.

He consulted counsel but  waived  his  right  to  submit  matters  for
consideration.  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 27 August 1986.  The applicant served  one
year, two months and three days on active duty.

On 5 January 1989, the Air Force Discharge Review Board considered and
denied applicant’s request for an upgrade of discharge and  change  of
reason for separation.

_________________________________________________________________

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.

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 4
April 03, for review and comment within 30 days.   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 an error or injustice.  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  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   to   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-
00724 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 20 Feb 03.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 31 Mar 03.
      Exhibit D. Letter, SAF/MRBR, dated 4 Apr 03.





      JOHN L. ROBUCK
      Panel Chair

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