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AF | BCMR | CY2004 | bc-2003-03571
Original file (bc-2003-03571.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-03571
            INDEX NUMBER: 100.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded so that he may qualify for benefits  under
the Montgomery GI Bill (MGIB).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Throughout his military career, he never had any work-related problems.   He
always supported the mission, never jeopardized his security clearance,  was
awarded an Air Force Achievement  Medal  (AFAM),  and  was  certified  as  a
trainer.  He contributed to the MGIB; however, he  was  unable  to  complete
his time in the Air Force by seven months.

In support of the appeal, applicant submits his personal statement  and  two
unsigned letters of recommendation.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his enlistment with the Air  Force  on  18 November
1999.  On 17  April  2003,  he  received  notification  that  he  was  being
recommended for discharge due  to  misconduct.   Specifically,  for  conduct
prejudicial to good order and discipline.  The commander indicated that  his
bases for the action were the applicant’s  civilian  conviction  for  simple
assault; his assault on a noncommissioned officer (NCO)  on  19 April  2002,
for which he received an Article 15; his  assault  on  an  airman  during  a
basketball practice on 30 October 2001, for which he received  a  Letter  of
Reprimand (LOR); and for falsely stating that  his  Military  Identification
card was lost, for  which  he  received  an  LOR.   He  received  a  general
discharge on 2 May 2003, under the provisions of AFI  36-3208  (Misconduct).
He completed a total of 3 years, 5 months, and 14 days and  was  serving  in
the grade of airman (E-2) at the time of discharge.

On 31 July 2003, the Air Force Discharge  Review  Board  (AFDRB)  considered
and denied his request to upgrade his discharge.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPRSP recommends the application be denied and states,  in  part,  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  Furthermore,  the  discharge  was  within  the
sound discretion of the  discharge  authority  and  the  applicant  has  not
submitted any new evidence or  identified  any  errors  or  injustices  that
occurred in the discharge processing.

The AFPC/DPPRSP evaluation is at Exhibit C.

AFPC/DPPAT  states  that  if  the  applicant’s  discharge  is  upgraded   to
honorable and the narrative reason  for  separation  is  changed  to  either
medical  reasons,  disability,  secretarial  authority,   or   miscellaneous
reasons, the Department of Veterans Affairs  (DVA)  may  favorably  consider
his application for MGIB benefits.

The AFPC/DPPAT evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on 19 December 2003  for  review  and  response  within  30  days.
However, 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 timely filed.

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  the  applicant’s
discharge  appears  to  be  in  compliance  with  the  governing  Air  Force
Instruction 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  his  separation  was  inappropriate.   There  being   insufficient
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought.

_________________________________________________________________

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-2003-03571
in Executive Session on 4 February 2004, under the  provisions  of  AFI  36-
2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Ms. Mary Johnson, Member
                       Ms. Rita S. Looney, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 May 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRSP, dated 26 Nov 03.
    Exhibit D.  Letter, AFPC/DPPAT, dated 5 Dec 03.
    Exhibit E.  Letter, SAF/MRBR, dated 19 Dec 03.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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