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AF | BCMR | CY2003 | BC-2003-03243
Original file (BC-2003-03243.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03243

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He would like his discharge changed or upgraded to  honorable  because
he is trying to apply for a job with the Brozos County Texas Sheriffs’
Office.  His complete application is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
17 February 1984.  The applicant was  involuntarily  discharged  under
the provision of AFR 39-12 (Misconduct - Pattern of Minor Disciplinary
Infractions) with service characterized as  general  (under  honorable
conditions) on 8 August 1985 in the grade of airman basic.  He  served
1 year, 5 months and 22 days of total active military service.

On 8 July 1985, the applicant was notified by his  commander  that  he
was recommended for discharge due to minor  disciplinary  infractions.
On 24 August 1984, the member received a letter  of  counseling  (LOC)
for failure to go to two in-processing  appointments.   On  31  August
1984, the applicant received a LOC for failure to complete his  career
development  course  material,  as  well  as  failing  to   obey   his
supervisor.  On 2 November 1984, the applicant was verbally  counseled
on the importance of presenting a professional image.  On 20  February
1985, the member received an LOC for failure to report an accident and
failure to report to duty on time.  On 1 April 1985, the member failed
to go to his appointed place of duty and on 1 April 1985, he  violated
a lawful regulation.  For these offenses, the  applicant  received  an
Article 15 with 14 days correctional custody.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPRSP recommended denial.  Based on  the  documentation  in  the
file, they believe the discharge was consistent  with  the  procedural
and   substantive   requirements   of   the   discharge    regulation.
Additionally, the discharge was within the discretion of the discharge
authority.  The applicant did not submit any new evidence or  identify
any errors or injustices that occurred in the  discharge  proceedings.
Additionally, the applicant provided no facts warranting an upgrade of
the discharge.  Accordingly, they recommend  his  records  remain  the
same and  the  request  be  denied.   However,  a  new  DD  Form  214,
Certificate of Release or Discharge from Active Duty,  was  issued  to
correctly identify his type of separation as general (under  honorable
conditions) and not just general.  He has not filed a timely  request.


AFPC/DPPRS complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
31 October 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 that failure to timely file.

3. Insufficient relevant evidence has been  presented  to  demonstrate
the existence of an error or injustice warranting an  upgrade  in  his
discharge.   The  records  reflect  that   the   commander   initiated
administrative actions  based  on  information  he  determined  to  be
reliable and that administrative actions were  properly  accomplished.
The  applicant  was  afforded  all  rights  granted  by  statute   and
regulation.  We are not persuaded by the evidence presented  that  the
commander abused his  discretionary  authority  when  he  imposed  the
discharge action, and since we find no abuse  of  that  authority,  we
find no reason to overturn the commander’s  decision.   Therefore,  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 a 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-
03243 in Executive Session on 9 December 2003, under the provisions of
AFI 36-2603:

                 Mr. Roscoe Hinton, Jr., Panel Chair
                 Ms. Cheryl Jacobson, Member
                 Ms. Olga M. Crerar, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 7 Jul 03.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRSP, dated 22 Oct 03.
      Exhibit D. Letter, SAF/MRBR, dated 31 Oct 03.






      ROSCOE HINTON, JR
      Panel Chair

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