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AF | BCMR | CY2005 | BC-2005-01461
Original file (BC-2005-01461.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01461
            INDEX CODE:  110.02
      XXXXXXXXXXXXXX   COUNSEL:  NONE

      XXXXXXXXXXXXXX   HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  6 NOV 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and immature, had marital and financial problems and  was
not able to handle the situation at that time.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
4 April 1984 for a term of 4 years.

On 26 October 1988, the applicant's commander notified him that he was
recommending he be discharged from the Air  Force  for  unsatisfactory
performance  consisting  of  irresponsibility  in  the  management  of
personal finances and a pattern  of  misconduct  consisting  of  minor
disciplinary infractions.

The basis for the commander’s recommendation was that on or  about  29
August 1988, he received a Letter of Reprimand (LOR) for a pattern  of
financial irresponsibility consisting of  several  dishonored  checks,
call and complaints from creditors and overdue payments to a furniture
company; on or about 18 August  1988,  he  received  dishonored  check
notification for writing two insufficient fund checks at the Barksdale
AFB  Exchange;  on  or  about  16  August  1988,  he  received  formal
counseling for writing insufficient fund check at  the  Barksdale  AFB
Exchange; on or about 2 January 1988, he received an  Article  15  for
being disrespectful to a superior noncommissioned officer and  failure
to obey a lawful order, and on or about 3 November 1987, he received a
LOR for failure to attend  his  scheduled  chemical  warfare  training
refresher course.

He acknowledged receipt of the notification of  discharge,  and  after
consulting with counsel the applicant submitted 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 21 November  1988,  under  the  provisions  of AFR 39-10,
Administrative Separation of Airmen for (Misconduct-Pattern  of  Minor
Disciplinary Infractions) and  received  a  general  (under  honorable
conditions) discharge.  He served 4 years, 7 months  and  18  days  on
active duty.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, indicated on 20 June 2005, that on the  basis  of  the
data furnished they were unable to locate an arrest record.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  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, 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  character  of
service.

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
20 May 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.  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.  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.  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-
01461 in Executive Session on 19 July 2005, under  the  provisions  of
AFI 36-2603:

                 Mr. John B. Hennessey, Panel Chair
                 Mr. Richard K. Hartley, Member
                 Ms. Patricia R. Collins, 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.





      JOHN B. HENESSEY
      Panel Chair

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