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AF | BCMR | CY2004 | BC-2004-02742
Original file (BC-2004-02742.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02742
            INDEX NUMBER:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

He has been a fire fighter for the city of Hartford, CT, from March
1987 to present.

Applicant’s complete submission is attached at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant served in the Regular Air Force from 4 May 77 to  14  Aug
85.  He entered his last enlistment on 4 Jun 82.  His highest grade
held was sergeant.

Applicant’s  record  reflects   he   received   four   Article   15
punishments:

On  1  Feb  79,  for  disobeying  a  lawful  order  of  a  superior
commissioned officer to  have  his  dormitory  room  in  inspection
order; punishment imposed was restriction to base for seven days.

On 26 Jun 80, for stealing a Ration Control  Plate  and  using  the
Ration Control Plate made out in the name  of  another  individual;
punishment imposed was reduction in grade to airman first class,  a
45-day restriction to base, and suspended forfeiture  of  $200  pay
per month for two months.

On 7 Oct 80, for violation  of  a  lawful  general  regulation,  by
selling duty-free goods to persons not authorized duty-free  import
privileges; punishment imposed was a suspended reduction  in  grade
to airman, and forfeiture of $200.00 pay per month for two months.

On 15 Apr 85, for failure to go  at  the  prescribed  time  to  his
appointed  place  of  duty;  punishment  imposed  was  a  suspended
reduction in grade to airman first class, and forfeiture of $150.00
pay per month for two months.

Effective 1 May 85, applicant’s NCO status was vacated due to court-
martial charges having been preferred.

On 22 May 85, after consulting with  counsel,  applicant  requested
discharge from the Air Force in lieu of trial by court-martial.  He
acknowledged understanding the elements of the offenses with  which
he  was  charged,  including  a  letter  from  the  base   hospital
indicating his urine sample on 22 Jan 85 tested  positive  for  the
presence of THC and cocaine.

On 14 Aug 85, applicant was  discharged  in  the  grade  of  senior
airman, under the provisions of AFR 39-10, Chapter 4, by reason  of
request for discharge  in  lieu  of  court  martial,  with  service
characterized as under other than  honorable  conditions.   He  was
credited with 3 years, 2 months, and 11  days  of  active  military
service during this enlistment.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial.
Based  on  documentation  in  his  master  personnel  records,  the
discharge was correct and within the discretion  of  the  discharge
authority.  The applicant did not submit any evidence  or  identify
any errors or injustices that occurred in the discharge processing.

Addtionally, the applicant provided no facts warranting a change to
his character of service.

A complete copy of the Air Force 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 22 Oct 04 for review and comment within 30  days.   As  of  this
date, no response has been received by this office.  (Exhibit D)

___________________________________________________________________


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  careful
review of the available records, the applicant's discharge  appears
to be in compliance with the governing regulation and  we  find  no
evidence to indicate that his separation from  the  Air  Force  was
inappropriate.  We find no evidence of error in this case and after
reviewing the documentation 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.

4.  Notwithstanding the  above,  we  note  the  applicant  has  not
provided any information concerning his  activities  since  leaving
the service.  Should  he  submit  post-service  documentation,  the
Board may be willing to  reconsider  his  appeal  as  a  matter  of
clemency.

5.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially add to  our  understanding  of  the  issue(s)  involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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-
02742 in Executive Session on 7 December 2004, under the provisions
of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Patrick C. Daugherty, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Aug 04.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 20 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Oct 04.




                                   RICHARD A. PETERSON
                                   Panel Chair

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