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AF | BCMR | CY2003 | BC-2003-01673
Original file (BC-2003-01673.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01673

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time he entered the Air Force, it was for family problems;  the
authorities told him to join.  At the age of 18, he was  arrogant  and
frustrated. Had he been older and  more  mature,  he  would  not  have
behaved like this.  He has remained a good citizen in  civilian  life,
married for 10 years and has one daughter.

Applicant’s complete application is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
22 May 1973.  The applicant was  involuntarily  discharged  under  the
provision of AFR 39-12 (unfitness) with service characterized as under
other than honorable conditions (UOTHC), with a RE code of  2B  on  16
May 1974 in the grade of airman basic.  He served five months and nine
days of total active military service.

The only available documentation indicates that on 13  February  1974,
the applicant was convicted by a Special Court-Martial for six  counts
of leaving his place of duty without authority, two  counts  of  being
disrespectful to superior NCOs, and six  counts  of  failure  to  obey
lawful orders.  These incidents occurred  between  November  1973  and
January 1974.  He was sentenced to forfeit  $217  per  month  for  six
months and confined to hard labor for four months.  He had 100 days of
lost time.

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  Based  on  the  documentation  in  the
file, they believe the discharge was consistent  with  the  procedural
and substantive requirements of the discharge directives in effect  at
the time of his discharge.  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  Reenlistment  Eligibility  (RE)  code  2,
Ineligible to reenlist in the Regular  Air  Force”  is  correct.   The
applicant’s request should be denied.  He received the proper RE  upon
discharge.

AFPC/DPPAE complete evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
17 June 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,  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.  Based upon the presumption of
regularity in the conduct of governmental affairs and without evidence
to the contrary, we must assume that  the  applicant's  discharge  was
proper and in compliance with  appropriate  directives.   We  find  no
evidence of error in this case  and  after  thoroughly  reviewing  the
documentation that  has  been  submitted  in  support  of  applicant's
appeal,  we  do  not  believe  he  has  suffered  from  an  injustice.
Therefore, based on the available evidence of record, we find no basis
upon which to favorably consider 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 Docket  Number  BC-
2003-01673 Executive Session on 21 August 2003, under  the  provisions
of AFI 36-2603:


                 Mr. Richard A. Peterson, Panel Chair

                 Ms. Brenda L. Romine, Member
                 Mr. Roscoe Hinton, Jr., Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 9 May 03, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, undated.
      Exhibit D. Letter, SAF/MRBR, dated 17 Jun 03.






      RICHARD A. PETERSON
      Panel Chair


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