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AF | BCMR | CY2004 | BC-2003-03964
Original file (BC-2003-03964.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS


         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03964
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His non-commissioned officer in charge (NCOIC) was a racist  and  told
him that he hated him.  His performance  evaluations  went  from  high
ratings to low ratings after his commander retired.  His  NCOIC  tried
to hang him, and he had no one to turn to for support, so  he  took  a
discharge.

In  support  of  his  request,  the  applicant  provides  a   personal
statement.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered into the  Air  Force  on  6  October  1972.   On
13 September  1974,  his  commander  notified   him,   that   he   was
recommending he be discharged, under the provisions of AFR 39-12,  for
frequent  involvement  in  matters  of  a  discreditable  nature  with
military authorities.  The basis for the action was  that  on  1  July
1974, he failed to go and received an Article 15, which was  suspended
until 1 January 1975 and ordered to forfeit $25.00 per month  for  two
months.  He also failed to go on or about 20 and 21  July,  30  and  1
August 1974.  He was reduced to airman and restricted to the limits of
the base for 30 days.  He waived his right  to  a  hearing  before  an
administrative  discharge  board  and  submitting  statements  in  his
behalf.  The base legal office found the case was  legally  sufficient
to support discharge.  The legal review also indicated  that  repeated
attempts at counseling and rehabilitation proved fruitless, and  there
were no indications that future attempts  would  have  been  any  more
successful.   He  was  discharged  on   1 November 1974,   under   the
provisions of AFM 39-12,  Separation  for  Unsuitability,  Misconduct,
Resignation, or Request for Discharge for the Good of the Service  and
Procedures for the Rehabilitation Program (frequent involvement  of  a
discreditable nature with civil  or  military  authorities),  with  an
under honorable conditions (general) discharge.   He  served  a  total
2 years and 25 days of active duty service.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, indicated on 27 February 2004, that on  the  basis  of
the data furnished they were unable to locate an arrest record.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based on the documentation on  file  in
the master personnel records, the discharge was  consistent  with  the
procedural and substantive requirements of the  discharge  regulation.
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 processing.  He  provided
no other facts warranting an upgrade of his discharge.

The AFPC/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 6
Feb 04, 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 to warrant an  upgrade  of  his
discharge.  After careful consideration of the available evidence,  we
found no indication that the actions taken  to  effect  his  discharge
were  improper  or  contrary  to  the  provisions  of  the   governing
regulations in effect at the time, or that the actions  taken  against
the applicant were based on factors other  than  his  own  misconduct.
The only other basis upon which to  upgrade  his  discharge  would  be
based  on  clemency.   However,  applicant  has  failed   to   provide
documentation pertaining to his post service  activities.   Should  he
provide  documentary  evidence  pertaining   to   his   post   service
activities, we would be willing to reconsider his appeal.   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 Docket  Number  BC-2003-
03964 in Executive Session on 30 March 2004, under the  provisions  of
AFI 36-2603:

                 Mr. Frederick R. Beaman III, Panel Chair
                 Mr. Michael J. Maglio, Member
                 Ms. Martha J. Evans, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 20 Nov 03.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 27 Jan 04.
      Exhibit D. Letter, SAF/MRBR, dated 6 Feb 04.





      FREDERICK R. BEAMAN III
      Panel Chair

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