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AF | BCMR | CY2005 | BC-2004-02121
Original file (BC-2004-02121.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02121
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

The narrative reason for his separation be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not unsuitable for his job.  Everyone in his  family  has  served  in
military  service  honorably,  and  his  type  of  discharge   is   a   real
embarrassment.

In support of the application, the applicant submits his  application.   The
applicant's submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The  former  member’s  complete  military  records  were  either   lost   or
destroyed.   The  following  information   is   extracted   from   partially
reconstructed   records   and   documents   provided   by   the    Veteran’s
Administration.

The applicant enlisted in the Regular Air Force on 7 February 1980.  He  was
honorably discharged on 12 March 1982 under  the  provisions  of  AFR  39-12
because of Unsuitability-Apathy, Defective  Attitude.   He  had  served  two
years, one month and six days on active duty.

Based  on  the  loss  of  any  record  pertaining  to  the  quality  of  the
applicant’s service or the events surrounding his  separation,  no  advisory
opinion was prepared in this case.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an investigative report pertaining to the  former  member
(Identification Record No. 889466PA7) (Exhibit D).

On 19 November  2004,  the  applicant  was  invited  to  submit  information
pertaining to  his  post-service  accomplishments  and  activities.   On  30
November 2004, a copy of the Federal Bureau of Investigations  (FBI)  report
was forwarded to the  applicant.    To  this  date,  no  response  has  been
received to any of the above correspondence.  (Exhibit C).

_________________________________________________________________

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 probable error or injustice.  After  careful  consideration  of
the available evidence, we found no indication that  the  actions  taken  to
effect his separation  for  unsuitability-apathy,  defective  attitude  were
improper or contrary to the  provisions  of  the  governing  regulations  in
effect at the time.  In addition,  in  view  of  the  contents  of  the  FBI
Identification Record we are not persuaded that the  clemency  is  warranted
in this case.  Having found  no  error  or  injustice  with  regard  to  the
actions that  occurred  while  the  applicant  was  a  military  member,  we
conclude that no basis exists to grant favorable action on his request.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered upon the submission

________________________________________________________________

The following members of the Board considered this application in Executive
Session on 18 January 2005, under the provisions of AFI 36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Ms. Barbara J. White-Olson, Panel Member
                 Mr. Lanny Cawthon, Panel Member

The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2004-02121.

      Exhibit A.  DD Form 149, dated 25 Jun 04.
      Exhibit B.  Applicant’s Available Personnel Records.
      Exhibit C.  Letters, AFBCMR, dated 19 Nov 04 & 30 Nov 04.
      Exhibit D.  FBI Report




      ROBERT S. BOYD
      Panel Chair

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