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AF | BCMR | CY2005 | BC-2005-00632
Original file (BC-2005-00632.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00632
            INDEX NUMBER:  110.00

            COUNSEL:  DAV

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  23 AUG 06


___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

He had previous unknown medical conditions while in the service.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 24  Jul  81,  for  a
period of six years in the grade  of  airman  basic.   His  highest
grade held was airman first class.

On 1 Nov 83, applicant’s squadron commander notified  him  that  he
was  recommending  he  be  discharged  from  the  Air   Force   for
discreditable involvement with military or civil  authorities.   He
recommended the applicant receive a general discharge based on  the
following reasons:  (1) Letter of Reprimand (LOR) on 12 Jul 82, for
violating dormitory visitation policies on 29 May 82;  (2)  Article
15 on 30 Sep 82,  for  damaging,  and  wrongfully  appropriating  a
military vehicle on or about 19  Sep  82,  punishment  imposed  was
reduction in grade to airman basic and forfeiture  of  $250.00  pay
per month for two months; however, reduction  below  the  grade  of
airman was suspended until 15 Feb 83.  On 10 Dec  82,  his  driving
privileges were revoked for 12 months; (3) On 24  Jun  83,  he  was
notified he was overdue on his Deferred Payment Plan  account;  (4)
On 19 Aug 83, he was counseled for his dishonored check on  17  Jun
83; (5) LOR on 24 Aug 83, for driving on a revoked  license,  using
provoking gestures with a security policeman, disobeying  a  lawful
order and interfering  with  a  security  policeman’s  duties;  (6)
Article 15 on 5 Oct 83, for being disrespectful to a senior NCO  on
19 Sep 83; punishment imposed was  reduction  in  grade  to  airman
basic and  forfeiture  of  $150  pay  per  month  for  two  months;
reduction below the grade of airman and forfeitures were  suspended
until 10 Apr 84; (7) On 24 Oct 83, the suspension of  reduction  to
the grade of airman basic and forfeiture of $150 pay per month  for
two months was vacated for failure to obey a  lawful  order  on  or
about 20 Oct 83.

On 2 Nov 83, after consulting with counsel, applicant  acknowledged
receipt of the discharge notification,  and  chose  not  to  submit
statements in his own behalf.

The staff judge advocate reviewed the case  and  found  it  legally
sufficient to support separation and recommended applicant  receive
an under honorable conditions (general) discharge without probation
and rehabilitation.  On 17 Nov 83, the discharge authority approved
the separation and directed the  applicant  be  separated  with  an
under honorable conditions (general)  discharge  without  probation
and rehabilitation.

His Standard Form 88, Report of Medical Examination,  dated  2  Nov
83, reflects he was qualified for world-wide duty at  the  time  of
his separation.

Applicant was discharged on 29 Nov  83,  in  the  grade  of  airman
basic,  under  the  provisions  of  AFR  39-10,  Misconduct-Pattern
Discreditable Involvement with Military or Civil  Authorities,  and
received an under honorable conditions (general) discharge.  He was
issued an RE Code of 2B [separated with a general  discharge].   He
served on active duty for a period of 2  years,  4  months,  and  6
days.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial.
They stated, in part, that 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.   Additionally,  the  applicant  provided  no
evidence or identified any errors or injustices  that  occurred  in
the discharge processing.  He provided no facts warranting a change
to the character of service.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 11 Mar 05 for review and comment within 30  days.   As  of  this
date, no response has been received by this office.  (Exhibit D)

On 29 Mar 05,  a  copy  of  the  Air  Force  advisory  opinion  was
forwarded to the applicant’s counsel for review  and  comment.   To
date, no response has been received by this office.  (Exhibit 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 error  or  injustice.   After  careful
consideration of the available evidence, the discharge  appears  to
be in compliance with the governing regulations in  effect  at  the
time and we find no  evidence  to  indicate  that  the  applicant’s
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  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 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-
00632 in Executive Session on 28 April 2005, under  the  provisions
of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Charlie E. Williams Jr., Member
      Mr. Gregory A. Parker, Member


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Feb 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 3 Mar 05.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Mar 05.
    Exhibit E.  Letter, AFBCMR, dated 29 Mar 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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