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AF | BCMR | CY2005 | BC-2005-01092
Original file (BC-2005-01092.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01092
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  02 OCTOBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized entry-level discharge be upgraded to an  honorable
discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has not repeated the offenses in his civilian life for the past  13
years.

Applicant does not provide any documents in support of the appeal.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29 January 1992  for  a
period of four years.

On 24 June 1992,  applicant’s  commander  notified  him  that  he  was
recommending discharge from  the  Air  Force  for  minor  disciplinary
infractions.  Basis for commander’s recommendation were:   (1)  On  or
about   30   March   1992,   he   received   an    ATC    Form    341,
Excellence/Discrepancy Report, for standing  with  his  hands  in  his
pockets.  (2) On or about 12 May 1992, he received an ATC Form 341 for
being late for morning formation after being told not to be late.  (3)
On or about 20 May 1992, he received an ATC Form 341  for  being  late
for morning formation.  (4) On 29 May 1992, he received  a  Letter  of
Reprimand (LOR) for speaking  words  of  a  provoking  nature  to  the
Technical Training Charge of Quarters.  (5) On or about 29  May  1992,
he received an ATC Form 341 for using excessive foul language.  (6) On
or about 2 June 1992, he received an ATC Form 341 for chuckling  in  a
marching formation and showing lack  of  military  bearing  by  making
derogatory remarks to the flight commander.  (7) On  or  about  3 June
1992, he  received  an  ATC  Form  341  for  failure  to  comply  with
instruction given to him by an NCO and in front of a Military Training
Manager.  (8) On or about 10 June 1992, he failed to go  at  the  time
prescribed to his appointed place of duty.  (9) On or  about  10  June
1992, he wrongfully violated a lawful general regulation by straggling
from formation without authority.  (10) On or about 10 June  1992,  he
wrongfully violated a lawful general regulation for not wearing proper
headgear while outdoors.  (11) On or about 15 June 1992, he failed  to
obey a direct order.  (12) On 23 June 1992, he received an Article  15
for failure to go at the time prescribed to  his  appointed  place  of
duty.

Applicant acknowledged receipt of the notification  of  discharge  and
after consulting  with  legal  counsel  waived  his  right  to  submit
statements in his own behalf.  The discharge  authority  approved  the
separation  and  directed  that  applicant  be   separated   with   an
uncharacterized entry-level separation.

Applicant was separated from the Air Force on 2 July  1992  under  the
provisions of AFR 39-10, Administrative Separation of  Airmen  (entry-
level performance), with an  uncharacterized  entry-level  separation.
He had served five months and four 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.

Airmen  are  given  entry-level   separation/uncharacterized   service
characterization when separation is initiated in the  first  180  days
continuous active service.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 April 2005, 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 their rationale as the basis for  the  conclusion  that  the
applicant has not been the victim  of  an  error  or  injustice.   The
applicant did not submit  any  evidence  or  identify  any  errors  or
injustices that occurred in  the  discharge  processing,  nor  did  he
provide any facts warranting a change to his uncharacterized  service.
Furthermore, airmen are given  entry-level  separation/uncharacterized
service characterization when separation is initiated in the first 180
days continuous active service.  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 30 June 2005, under the  provisions  of  AFI  36-
2603:

                 Mr. Laurence M. Groner, Panel Chair
                 Mr. Terry L. Scott, Member
                 Ms. Kathy L. Boockholdt, Member


The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2005-01092 was considered:

      Exhibit A. DD Form 149, dated 9 Apr 05.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 18 Apr 05.
      Exhibit D. Letter, SAF/MRBR, dated 22 Apr 05.




                             LAURENCE M. GRONER
                             Panel Chair

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