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AF | BCMR | CY2005 | BC-2004-03703
Original file (BC-2004-03703.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03703
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has been discharged over 15 years.

In support of the appeal, applicant submits a portion of his  DD  Form
293, Application for the Review of Discharge from the Armed Forces  of
the United States, stating the reason for his request is because there
has been no other adverse actions against him in the  past  21  years,
civil or otherwise.

Applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29  July  1980  in  the
grade  of  airman  basic  for  a  period  of  four  years.    He   was
progressively promoted to the grade of airman on 29 January 1981,  and
the grade of airman first class on 29 July  1981.   He  received  four
Airman Performance Reports (APRs) closing 28 July 1981, 18 July  1982,
3 February 1983 and 26 August 1983, in which the  overall  evaluations
were “9,” “9,” “9,” and “8.”

On 16 September 1983, applicant’s commander notified him that  he  was
recommending discharge from the Air Force for misconduct.   Bases  for
the action were:  (1) On 10 June 1983, he was convicted  of  attempted
larceny by the Municipal Court of the State of California, in and  for
the County of Sacramento.  (2) On 28 June 1982, he was  counseled  for
not having his dormitory room up to standards on 10, 17  and  24  June
1982.  (3) On 20 October 1981, he received an Article 15  for  driving
while drunk.  The punishment consisted  of  reduction  to  airman  and
forfeiture of $200.00 per month for two months, but the  execution  of
that portion which provided for reduction to the grade of  airman  was
suspended until 30 April 1982 at which time unless sooner vacated;  it
would be remitted without further action.  (4) On 16 October 1981,  he
was counseled for not using his  headlights  on  his  private  vehicle
while on base during a period of darkness and for  illegally  parking.
(5) On 10 September 1981, he received a Letter of Reprimand (LOR)  for
financial irresponsibility.  (6) On 19 August 1981, he  was  counseled
for financial irresponsibility.  (7) On 24 March 1981, he received  an
LOR for violating safety regulations by  having  cigarette  butts  and
ashes in the trash can in his dormitory room.  Applicant  acknowledged
receipt of the notification of discharge  and  after  consulting  with
legal counsel submitted a conditional waiver of his rights  associated
with an administrative discharge board hearing contingent upon receipt
of no less than an under  honorable  conditions  (general)  discharge.
The  base  legal  office  reviewed  the  case  and  found  it  legally
sufficient to support discharge  and  recommended  acceptance  of  the
conditional waiver and applicant be discharged with an under honorable
conditions (general) discharge without  probation  and  rehabilitation
(P&R).   The  discharge  authority  accepted  the  conditional  waiver
request and directed that he be discharged  with  an  under  honorable
conditions (general) discharge without P&R.

The applicant was separated from the Air Force  on  23  November  1983
under the provisions of AFR 39-10, Administrative Separation of Airmen
(misconduct - civilian conviction), with an under honorable conditions
(general) discharge.  He served 3 years,  3  months  and  25  days  on
active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states 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.
Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 29 December 2004, a copy of the Air Force evaluation was  forwarded
to the applicant for review and response within 30 days.  As  of  this
date, no response has been received by this office.


_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt its rationale as the  basis  for  the  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

_________________________________________________________________

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  this  application  in
Executive Session on 9 February 2005, under the provisions of AFI  36-
2603:

                 Mr. Roscoe Hinton Jr., Panel Chair
                 Ms. Ann-Cecile M. McDermott, Member
                 Mr. Michael V. Barbino, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 8 Dec 04, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 16 Dec 04.
      Exhibit D. Letter, SAF/MRBR, dated 29 Dec 04.




                             ROSCOE HINTON JR.
                             Panel Chair

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