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AF | BCMR | CY2004 | BC-2004-00315
Original file (BC-2004-00315.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-00315
            INDEX NUMBERS: 110.00 & A60.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His conduct that resulted in his discharge was the result  of  the  personal
problems he was experiencing.

After completing basic training, he married; however, his wife ran off  with
another airman.  He then began drinking heavily and turned to drugs.   Prior
to this, he was somewhat of a good airman.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  12
June 1978.  On 4 February 1982, the  commander  notified  him  that  he  was
being recommended for discharge for frequent involvement of a  discreditable
nature with civil and military authorities.   The  bases  for  the  proposed
action were as follows:

      a.    On 24 May 1980, the applicant received an Armed  Forces  Traffic
ticket for parking in a reserved space.

      b.    On 10 August 1980, he received an Armed  Forces  Traffic  ticket
for driving with an expired tag.

      c.    On 25 January 1981, he was apprehended for  wrongful  possession
of marijuana and exceeding  the  speed  limit,  for  which  he  received  an
Article 15, dated 4 February 1981, resulting in reduction to  the  grade  of
airman, restriction to the limits of XXXX AFB for 30  days,  30  consecutive
days of extra duties, and forfeiture of $100.00 pay for two months,  all  of
which was served concurrently.  In addition, on 4 March 1981, he was  placed
into the Drug Rehabilitation program.

      d.    On 27 April 1981, he was apprehended  for  reckless  driving  in
XXXX, and found guilty in XXXX Court on 13 April 1981 (sic).

      e.    On 1 May and 22 May 1981, he  failed  to  report  for  scheduled
appointments at Social Actions, for which he received verbal counselings.

      f.    On 19 August 1981, he reported to his place  of  duty  with  his
face not cleanly shaven in violation of AFR 35-10, Table 8-1.

      g.    On 19 August and  21  August  1981,  he  failed  to  go  to  his
appointed place of duty at the time prescribed, for  which  he  received  an
Article 15, dated 26 August 1981, resulting in reduction  to  the  grade  of
airman, forfeiture of $100.00 pay, and ordered to perform 14 days  of  extra
duties, of which the grade reduction and forfeiture of  pay  were  suspended
for six months.

      h.    On 13 October 1981,  he  was  apprehended  for  driving  with  a
suspended license in XXXX, and ordered to pay $62.50 in XXXX Court.

      i.    On 11 January 1982, he failed to go to his  appointed  place  of
duty at the time prescribed, for which he  received  an  Article  15,  dated
22 January 1982, and the suspended punishment as a  result  of  the  Article
15, dated 26 August 1981, was vacated.

He was discharged on 15 March  1982,  under  the  provisions  of  AFM  39-12
(Misconduct  -  Frequent  Involvement  of  a  Discreditable   Nature).    He
completed a total of 3 years, 9 months, and 3 days  of  active  service  and
was serving in the grade of airman (E-2) at the time of discharge.

A resume of applicant's performance reports follows:

      PERIOD ENDING                     OVERALL EVALUATION

        19 Sep 79                               8
        19 Sep 80                               7
        15 Apr 81                               8
         3 Feb 82                               6

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, provided  an  investigative  report  which  is  attached  at
Exhibit F.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
based on the documentation on file, the discharge was  consistent  with  the
procedural and substantive requirements of  the  discharge  regulation,  and
within  the  discretion  of  the  discharge  authority.   Furthermore,   the
applicant did not submit any evidence or identify any errors  or  injustices
that occurred in the discharge processing.

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

He was doing well in the Air Force until he came home and found his wife  in
bed with another  airman,  whom  she  eventually  married.   He  then  began
drinking, showing up late for work, and basically quit  caring.   His  heart
was broken after his first love was unfaithful.  Since his discharge he  has
obtained his associate’s degree in math and computer science.   However,  no
one wanted to hire an ex-con and someone  that  had  been  discharged  other
than honorably.  He applied for, and received clemency on his right to  bear
arms, voter’s registration, and concealed weapons license.  In addition,  he
has remarried and owns two homes.  He has been drug free for over 17 years.

Applicant’s complete response is at Exhibit G.

_________________________________________________________________

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 error or injustice.  After thoroughly  reviewing  the  evidence
of record and  noting  the  applicant’s  complete  submission,  we  find  no
evidence of  error  or  injustice.   In  this  respect,  we  note  that  the
applicant’s discharge appears to be in compliance  with  the  governing  Air
Force Manual in effect at the time of his separation  and  he  was  afforded
all the rights to which entitled.  The applicant has  provided  no  evidence
to indicate that his separation was inappropriate. There being  insufficient
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought.

4.  We  also  find  insufficient  evidence  to  warrant   recommending   the
discharge be upgraded on the basis of  clemency.   We  have  considered  the
applicant’s overall quality of service and the events that precipitated  the
discharge.  Applicant has  not  provided  sufficient  information  of  post-
service activities and accomplishments  for  us  to  conclude  that  he  has
overcome the behavioral  traits  which  caused  the  discharge.   Should  he
provide statements from community leaders  and  acquaintances  attesting  to
his good character and reputation and other  evidence  of  successful  post-
service rehabilitation, this Board will reconsider this case  based  on  the
new evidence.  We cannot, however, recommend approval based on  the  current
evidence of record.

_________________________________________________________________

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-2004-00315
in Executive Session on 10 June 2004, under the provisions of AFI 36-2603:

                       Ms. Brenda L. Romine, Panel Chair
                       Ms. Deborah A. Erickson, Member
                       Mr. Christopher D. Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Jan 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 30 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Apr 04.
    Exhibit E.  Letter, AFBCMR, dated 14 Apr 04, w/atchs.
    Exhibit F.  FBI Investigative Report.
    Exhibit G.  Letter, Applicant, undated.




                                   BRENDA L. ROMINE
                                   Panel Chair

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