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AF | BCMR | CY2005 | BC-2005-00852
Original file (BC-2005-00852.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00852
            INDEX CODE:  110.02
      xxxxxxxxxxxxxxx  COUNSEL:  NONE

      xxxxxxxxxxxxxxxx HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  12 SEP 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told to apply for an upgrade after 6-months.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
12 August 1981 for a term of 4 years.

On 7 February 1985, the applicant's commander notified him that he was
recommending he be discharged from the Air  Force  for  a  pattern  of
misconduct.  The basis for the commander’s recommendation was that  on
28 March 1983, he received an Article 15 for writing  two  checks  for
which he had insufficient  funds;  on  19  May  1983,  he  received  a
vacation of suspended punishment for dishonorably failing to pay a non-
commission officer’s (NCO) club debt; on 5 July 1984,  he  received  a
Letter of Reprimand for his involvement in a domestic disturbance  and
assault at the Travis AFB  NCO  club,  and  on  17  January  1985,  he
received an Article 15 for being absent without authority for 26  days
and failure to obey a lawful order.

He acknowledged receipt of the notification of  discharge,  and  after
consulting with counsel waived his right to submit statements  in  his
own behalf.  The discharge case was reviewed by the base legal  office
and found to be legally sufficient to support discharge.

The discharge authority approved his separation and ordered a  general
(under honorable conditions) discharge  without  P&R.   Applicant  was
separated  on  11  March  1985,  under  the  provisions  of AFR 39-10,
Administrative  Separation  of  Airmen  for   (Misconduct-Pattern   of
Discreditable Involvement with  Military  or  Civil  Authorities)  and
received  a  general  (under  honorable  conditions)  discharge.   The
applicant served three years, six months and four days on active duty.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, provided a copy of an Investigation Report  pertaining
to the applicant, which is at Exhibit E.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial.   DPPRS  states  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, the applicant did not submit any new evidence  or
identify any errors or  injustices  that  occurred  in  the  discharge
processing, nor did he provide any facts warranting a change to his DD
Form 214.

The DPPRS 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
25 Mar 05, for review and comment within 30 days.  As  of  this  date,
this office has received no response.

_________________________________________________________________

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  to  warrant  changing  his
discharge.  After careful consideration of the available evidence,  we
found no indication that the actions taken  to  affect  his  discharge
were  improper  or  contrary  to  the  provisions  of  the   governing
regulations in effect at the time, or that the actions  taken  against
the applicant were based on factors other  than  his  own  misconduct.
Therefore, we agree with the opinion and  recommendation  of  the  Air
Force office of primary responsibility and adopt its rationale as  the
basis for our 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 Docket  Number  BC-2005-
00852 in Executive Session on 24 May 2005, under the provisions of AFI
36-2603:

                 Ms. Marilyn M. Thomas, Vice Chair
                 Ms. Jan Mulligan, Member
                 Mr. Michael V. Barbolino, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 6 Mar 05.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 23 Mar 05.
      Exhibit D. Letter, SAF/MRBR, dated 25 Mar 05.
      Exhibit E. FBI Report, dated 28 Apr 05.





      MARILYN M. THOMAS
      Vice Chair

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