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AF | BCMR | CY2005 | BC-2005-01232
Original file (BC-2005-01232.doc) Auto-classification: Denied




                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01232

            COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE: 14 OCT 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

As per agreement for  early  separation,  he  requested  a  change  in
discharge category as explained to him on 3 August 1983.

In support  of  his  application,  applicant  submits  a  letter  from
Department  of  Veteran’s  Affairs,  and  a  copy  of  DD  Form   214,
Certificate of Release or Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 17 March 1981.  He  was
progressively promoted to the grade of airman first class  (E-3)  with
an effective date and a date of rank of 17 March 1982.

On  14  July  1983,  the  applicant  received  notification  from  his
commander  that  he  was  being  recommended  for  discharge  due   to
misconduct  (pattern  of  conduct  prejudicial  to  good   order   and
discipline).

      (1) On or about 4 August 1981, applicant was  convicted  by  the
Magistrate Court, Seventh Judicial Circuit, State of South Dakota  for
reckless driving.

      (2) Failed to return to his place of  duty  as  required  on  or
about 4 April 1982.

      (3) Failed to maintain dormitory  cleanliness  standards  on  or
about 11 May 1982.

      (4) Operated  a  vehicle  at  an  excessive  rate  of  speed  on
Ellsworth AFB on or about 1 October 1982.

  (5) Tested positive for drug abuse (marijuana)  on  or  about  3 May
1983.

      (6) Tested positive for  drug  abuse  (marijuana)  on  or  about
25 May 1983.

      (7) Tested positive for  drug  abuse  (marijuana)  on  or  about
8 June 1983.

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 base legal office reviewed the  case
and found it legally sufficient to support separation and  recommended
applicant receives a general (under  honorable  conditions)  discharge
without probation and rehabilitation. The discharge authority approved
the separation and  directed  that  applicant  be  discharged  with  a
general (under honorable conditions) discharge without  probation  and
rehabilitation.

On 3 August 1983, the applicant was separated under the provisions  of
AFR 39-10, Administrative Separation of Airmen (misconduct  -  pattern
of conduct prejudicial to good order and discipline), with  a  general
(under honorable conditions) discharge. He served 2 years,  4  months,
and 17 days of total active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  Based  on  the  documentation  in  the
file, the discharge was consistent with the procedural and substantive
requirements of the discharge regulation.  The  discharge  was  within
the discretion of the discharge authority.  Applicant did  not  submit
any new evidence or identify any errors or injustices that occurred in
the discharge proceedings.  He provided no facts warranting  a  charge
to his character of service.

AFPC/DPPRS’s complete evaluation is 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. The records reflect  that  the
commander initiated administrative actions  based  on  information  he
determined to be reliable and the administrative actions taken  appear
to have been properly accomplished.  The applicant  was  afforded  all
rights granted by statute and regulation.  We are not persuaded by the
evidence  presented  that  the  commander  abused  his   discretionary
authority when he initiated the discharge action, and since we find no
abuse of that authority, we find no reason to overturn the commander’s
decision.  Therefore, we agree with the opinions and recommendation of
the Air Force and adopt its rationale as the basis  for  our  decision
that the applicant has failed to sustain his burden of having suffered
either an error or an injustice. In view of  the  above,  we  find  no
basis to recommend granting the relief sought.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2005-01232 in Executive Session on 9 June 2005, under  the  provisions
of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Mr. Michael J. Maglio, Member
                 Mr. Grover L. Dunn, Member












The following documentary evidence was considered:

    Exhibit A.  DD Form 149, 4 Apr 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, 21 Apr 05.
    Exhibit D.  Letter, SAF/MRBR, 22 Apr 05.





                                   RICHARD A. PETERSON
                                   Panel Chair


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