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AF | BCMR | CY2005 | BC-2005-00382
Original file (BC-2005-00382.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS

             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00382

            COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  6 AUG 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

The entire period of service was unjustly characterized.

In support of his application, he submits a DD Form 149.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Available records indicate he enlisted in the Regular Air Force as  an
airman basic on 14 July 1983. On 26 February 1987, the  applicant  was
discharged under the provisions of AFR 39-10 (Misconduct-Drug  Abuse),
with service characterized as under other than honorable conditions in
the grade of airman basic. He served 4 years, 9 months and 2  days  of
total active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial and stated  that  DPPRS  was  unable  to
determine the  propriety  of  the  discharge  based  on  the  lack  of
documentation in  his  record.   The  applicant  did  not  submit  any
evidence or identify any errors or injustices  that  occurred  in  the
discharge processing.

AFPC/DPPRS complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 22 April 2005, for review and comment 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 an error or injustice.  Based upon the presumption of
regularity in the conduct of governmental affairs and without evidence
to the contrary, we must assume that  the  applicant's  discharge  was
proper and in compliance with appropriate directives.  The only  other
basis upon which to upgrade his discharge would be based on  clemency.
However, applicant has failed to provide documentation  pertaining  to
his post service activities.  Should he provide  documentary  evidence
pertaining to his post service  activities  we  would  be  willing  to
reconsider his appeal. 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 a 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-2005-
00382 in Executive Session on 24 May 2005, under the provisions of AFI
36-2603:

                 Ms. Marilyn M. Thomas, Vice Chair
                 Mr. Michael V. Barbino, Member

                 Ms. Jan Mulligan, Member



The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 22 Feb 05, w/atchs.
      Exhibit B. Applicant's Available Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 14 Apr 05.
      Exhibit D. Letter, SAF/MRBR, dated 22 Apr 05.






      MARILYN M. THOMAS
      Vice Chair

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