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AF | BCMR | CY2005 | BC-2004-02269
Original file (BC-2004-02269.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02269
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He would like to be able to receive all the benefits he is entitled to as  a
Veteran, including a VA loan.

The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 19 November 1976, the applicant enlisted in the Regular Air Force at  the
age of 19 in the grade of airman (E-2) for a period of four (4)  years.   He
was progressively promoted to the grade of staff sergeant (E-5).

The following is a resume of his last five (5) Enlisted Performance  Reports
(EPRs), commencing with the report closing 21 May 1983:

            PERIOD ENDING    PROMOTION RECOMMENDATION

            21 May 1983           9
            21 May 1984           9
            10 Nov 1984           9
            10 Nov 1985           7
            15 May 1986           8

On 12 August 1982, he received an Article  15  for  dereliction  of  duties.
For this incident, he was  reduced  to  the  grade  of  Airman  First  Class
(suspended until 14 February 1983,  unless  sooner  vacated)  and  forfeited
$150.00.

On 2 August 1985, he received an Article 15 for wrongful use  of  marijuana.
For this incident, he was reduced  to  the  grade  of  sergeant  (E-4),  and
forfeited $200.00 per month for two months.

On 23 October  1985,  his  commander  approved  the  recommendation  by  his
supervisor that his NCO status be vacated.   He  reverted  to  the  rank  of
senior airman.  The applicant acknowledged receipt of the notification,  and
elected not to appeal the decision.

The applicant’s discharge  case  file  is  not  a  matter  of  record.   His
separation document indicated that, on 16 May 1986, he was  administratively
discharged under the provisions of  AFR  39-10  with  an  under  other  than
honorable conditions discharge for misconduct-drug abuse.  He  was  credited
with 9 years, 9 months and 26 days of total active duty service.

In response to the Board’s request, the FBI indicated they  were  unable  to
identify with an arrest record pertaining to the applicant on the  basis  of
information furnished.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  DPPRS states the applicant did not  submit
any evidence or identify any errors  or  injustices  that  occurred  in  the
discharge processing, and he provided no facts warranting a  change  to  his
change to his character of service.  DPPRS opines the discharge  was  within
the discretion of the discharge authority.

The DPPRS’s evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  Evaluation  was  forwarded  to  the  applicant  for
review and comment on 29 October 2004.  On 9 November  2004,  the  applicant
was  invited  to  submit  information   pertaining   to   his   post-service
accomplishments.  As of this date, this  office  has  received  no  response
(Exhibit D & E).

_________________________________________________________________

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 an  error  or  injustice.   The  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  thoroughly  reviewing  the
documentation that has been submitted in support of the 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.

________________________________________________________________

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  of  newly  discovered  relevant
evidence not considered with this application.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2004-
02269 in Executive Session on 17 February 2005, under the provisions of  AFI
36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Gregory A. Parker, Member
                 Mr. Christopher D. Carey, Member

The following documentary evidence was considered:


     Exhibit A.  DD Form 149, dated 28 July 04.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 21 Oct 04.
     Exhibit D.  Letter, SAF/MRBR, dated 29 Oct 04;
     Exhibit E.  Letter, AFBCMR, dated 9 Nov 04.



                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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