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AF | BCMR | CY2004 | BC-2004-01660
Original file (BC-2004-01660.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS


         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01660
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

The punishment his son received was  excessive  and  unequal  for  the
offenses committed.

In support of his request, the applicant submits a personal statement,
DD Form 214, Certificate of Release or  discharge  from  Active  Duty,
Certificate of Death, a Character Reference Letter, Letter of  Support
from Chaplain,  and  DD  Form  293,  Application  for  the  Review  of
Discharge or Dismissal from the Armed Forces of the United States.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered into the Air Force on 2 April 1997.  On  7 April
1998, his commander notified him,  that  he  was  recommending  he  be
discharged, under the provisions of AFPD 36-32  and  AFI  36-3208  for
misconduct  (discreditable  involvement   with   military   or   civil
authorities).  The basis for the action was that on 24 March 1998,  he
was convicted by summary court-martial for one specification of  being
absent without authority, and four specifications of failure to go and
received 30 days confinement; on 14 February 1998, failure  to  go  at
the time prescribed, to his appointed place of  duty  and  received  a
Letter of Reprimand; on 27 January 1998,  for  unlawfully  striking  a
fellow airman and for failing to go at  the  time  prescribed  to  his
appointed place of duty and received an Article 15, reduction  to  the
grade of airman basic and 30 days extra duty; on 27 January 1998,  for
not cleaning his entire bathroom, especially the toilet and received a
Letter of Individual Counseling; on 15 January 1998, he failed  to  go
to his appointed place of duty at the prescribed time and  received  a
Letter of Reprimand; on 27 December 1997,  he  failed  to  go  to  his
appointed place of duty at the prescribed time and received  a  Letter
of Counseling; on 17 December 1997, he failed to go to  his  appointed
place of duty  at  the  prescribed  time  and  received  a  Letter  of
Reprimand; on 3 December 1997,  for  insubordination  and  received  a
Letter of Reprimand; on 22 November 1997, for not being  prepared  for
duty he received a Letter of Reprimand; on 16 October 1997, he  failed
to go to his appointed place  of  duty  at  the  prescribed  time  and
received a Letter of Individual Counseling; and on 1 October 1997,  he
failed to go to his appointed place of duty at the prescribed time and
received a Letter of Reprimand.  He did not acknowledge receipt of the
notification.  The base  legal  office  found  the  case  was  legally
sufficient to support discharge.  He was discharged on 21 April  1998,
under the provisions of AFI 36-3208, for Pattern of Misconduct, with a
general (under honorable conditions) discharge.   He  served  a  total
5 years, 8 months and 27 days of active duty service.

The applicant submitted an application  to  the  Air  Force  Discharge
Review Board (DRB)  requesting  his  son’s  general  (under  honorable
conditions) discharge be upgraded to honorable.  On 28 February  2001,
the DRB concluded a change in the type or nature of discharge was  not
warranted.  The DRB also concluded that the discharge  was  consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation and was within the discretion of  the  discharge  authority
and the member was provided full administrative due process.  (Exhibit
B)

_________________________________________________________________

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 AFDRB previously reviewed all the evidence of record and concluded
the discharge was  consistent  with  the  procedural  and  substantive
requirements of the discharge regulation and within the discretion  of
the discharge authority and  that  the  applicant  was  provided  full
administrative due process.  The Board further concluded that  neither
evidence  of  record,  nor  that  provided  by  the  member’s   father
substantiates an inequity or impropriety that would justify  a  change
of discharge.  The former member’s  father  did  not  submit  any  new
evidence or identify any errors or injustices  that  occurred  in  the
discharge processing.  He provided no other facts warranting a  change
to his character of service.

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
25 Jun 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.  Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice.  After reviewing the  evidence  of
record we believe that the issuance of a general discharge was  harsh.
While the deceased member’s disciplinary problems  warrant  separation
from  the  Air  Force,  we  believe  that   based   on   the   overall
circumstances, an honorable discharge was warranted.  We are persuaded
primarily by the two letters of support  provided  by  the  applicant,
particularly that of the Chaplain who had first-hand knowledge of  the
applicant's situation during military service.  We note also that  the
Discharge Review Board voted 3-2 against  upgrading  of  the  member’s
discharge.  In view of the above, we  recommend  granting  the  relief
sought in  this  application.   Accordingly,  we  recommend  that  his
records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 21 April 1998,  he
was discharged and furnished an Honorable Discharge certificate.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2004-
01660 in Executive Session on 10 August 2004, under the provisions  of
AFI 36-2603:

                 Mr. John L. Robuck, Panel Chair
                 Ms. Kathleen F. Graham, Member
                 Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 16 May 04.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 21 Jun 04.
      Exhibit D. Letter, SAF/MRBR, dated 25 Jun 04.





      JOHN L. ROBUCK
      Panel Chair
      AFBCMR BC-2004-01660












      MEMORANDUM FOR THE CHIEF OF STAFF


            Having received and considered the recommendation of the Air
      Force Board for Correction of Military Records and under the authority
      of Section 1552, Title 10, United States Code (70A Stat 116), it is
      directed that:


            The pertinent military records of the Department of the Air
      Force relating APPLICANT, be corrected to show that on 21 April 1998,
      he was honorably discharged and furnished an Honorable Discharge
      certificate.








                                                             JOE G.
      LINEBERGER
                                                             Director
                                                             Air Force
      Review Board Agency








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