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AF | BCMR | CY2005 | BC-2005-01991
Original file (BC-2005-01991.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01991
            INDEX CODE:  106.00, 100.05
            COUNSEL:  None

            HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  24 Dec 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 reflect an Air Force Specialty Code  (AFSC)  of  81150
rather than 81130, and his 1985 discharge be upgraded from general  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told that, after six months, his discharge would be upgraded to
honorable.  He earned the 81150 status through training.  He  did  not
know how to go about asking for these corrections.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force for a period  of  four
years on 18 Dec 81.  He was first assigned to the 8th Security  Police
Squadron at Kunsan AB, Korea, and then to the  831st  Security  Police
Squadron at George AFB,  CA,  around  25 May  83.   According  to  his
Enlisted Performance Reports (EPRs), he had a Primary AFSC (PAFSC) and
a Duty AFSC (DAFSC) of 81130 while assigned at Kunsan.  On  his  first
EPR at George AFB, he had a PAFSC of 81150 and a DAFSC of  81130;  the
second EPR had a PAFSC and a  DAFSC  of  81130.   All  four  EPRs  had
overall ratings of 8.

The applicant was promoted to the grade of airman first class on 3 Aug
82.

On 19 Jun 83, the applicant was counseled for reporting late for duty.


An investigation was conducted into allegations that the applicant and
another airman had female guests in  their  rooms.   Subsequently,  on
29 Nov 83, the applicant received nonjudicial punishment in  the  form
of restriction to the base for 14 consecutive days  for  disobeying  a
lawful order by having a guest in his dorm room after visitation hours
on or about 27 Oct 83.  The applicant made a personal  appearance  but
did not  submit  a  written  presentation.   He  did  not  appeal  the
punishment.

The  applicant  also  received  counseling  for  a  series  of   minor
infractions.

Following  an  investigation,  the  applicant  received  a  Letter  of
Reprimand (LOR), on 14 Jun  84,  for  disobeying  a  lawful  order  by
failing to register a privately owned vehicle, operating a  motorcycle
without a license, and failing to report the purchase  and  use  of  a
motorcycle to the commander for the period 1-10 Apr 84 through  14 May
84; and for disobeying a lawful  order  on  14 May  84  to  leave  the
motorcycle parked.

On 10 Jul 84, the applicant received another LOR for failing to report
to duty on 8 Jul 84.

On 8 Feb 85, a special court-martial found  the  applicant  guilty  of
wrongful use of marijuana on or about 24 Nov 84,  but  not  guilty  of
wrongful distribution of marijuana on that same date.   The  applicant
had pled  not  guilty  to  both  specifications.   The  applicant  was
confined for four months, forfeited $400.00 pay  per  month  for  four
months, and was reduced from the grade of airman first class to airman
basic.

On 20 May 85, the applicant was notified of his commander’s intent  to
recommend him  for  a  general  discharge,  citing  his  court-marital
conviction.  On that same date, the  applicant  acknowledged  receipt,
consulted counsel, and  the  commander  recommended  him  for  general
discharge.  [The recommendation letter noted the applicant had  formal
training  in  L3ABR81130-002,  Security   Specialist   Course.]    The
commander did not recommend probation and rehabilitation  (P&R).   The
applicant waived his right to submit statements.

On 11 May 85, legal review found the case sufficient and recommended a
general discharge without P&R.  On 4 Jun 85, the  discharge  authority
approved the applicant’s general discharge without P&R.

On 14 Jun 85, after three years, five months, and seven days of active
service, the applicant was separated in the grade of airman basic with
a general discharge for misconduct.

On 26 Jul 05, HQ AFPC/DPPRSP advised the applicant that Section 11  of
his DD 214 had been administratively corrected to reflect a  specialty
title  of  Apprentice  Security  Specialist,  rather   than   Security
Specialist.  The AFSC remained the same as 81130.

Pursuant to the Board's request, the Federal Bureau  of  Investigation
(FBI), Washington, D.C., provided an investigative  report,  which  is
attached at Exhibit C.

______________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAC contends the documents the  applicant  provided  do  not
support his claim that the skill level of  AFSC  8811X0  is  reflected
incorrectly.  They recommend denial because the applicant’s request is
not completely substantiated.  Although they do not  support  granting
the relief sought, they do concur with changing his specialty title to
Apprentice Security Specialist.    If  he  can  provide  documentation
substantiating he was upgraded, they will gladly  reconsider.   [Note:
In the “Facts” paragraph, the advisory inadvertently reversed the AFSC
numbers.  It should be “from 81130 to 81150” rather than  “from  81150
to 81130.”]

A complete copy of the evaluation is at Exhibit D.

HQ AFPC/DPPRS recommends denial because the applicant did  not  submit
any evidence or identify any errors or injustices that occurred in his
discharge  processing.   The  discharge  was   consistent   with   the
procedural and substantive requirements of  the  discharge  regulation
and was within the discharge authority’s discretion.

A complete copy of the evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant points out the  error  in  the  HQ  AFPC/DPPAC  advisory
[transposed AFSC numbers in “Facts” paragraph].  He  contends  he  did
study, test, pass, and perform the duties of a Security Controller  as
an E-3.  This should be in his  training  records.   The  position  of
Security Controller is a highly respected position  that  is  normally
filled by a noncommissioned officer (NCO).  He cites his  achievements
in his first year as a security policeman.  He was told by  his  First
Sergeant that his general discharge would be automatically changed  to
an honorable discharge after six months.  His asserts his  claims  are
true.

A complete copy of the applicant’s rebuttal, with attachments,  is  at
Exhibit G.

On 29 Aug 05, a complete copy of the FBI Report was forwarded  to  the
applicant for review and comment.  The cover letter also  included  an
invitation for the applicant to submit post-service  information.   He
was advised his response, if any, was due within 20 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.    After a thorough review of the evidence of record, we  find  the
applicant has provided no  persuasive  evidence  showing  his  general
discharge was erroneous or unjust, or that his AFSC should be changed.
 In this regard, the applicant’s service characterization  was  driven
by his special court-martial conviction for wrongful use of marijuana.
 Other than his own assertions, he provides nothing demonstrating  his
incidents of misconduct while in  the  service  did  not  support  the
characterization he received.  The applicant was  invited  to  provide
information about his post-service activities in consideration  for  a
discharge upgrade on the basis  of  clemency.   However,  he  did  not
respond to  this  invitation.   The  applicant’s  performance  reports
indicate his DAFSC was always 81130, as was his PAFSC except  for  his
30 Apr 84 performance report  at  George  AFB.   However,  his  second
report at George  AFB  reflected  his  PAFSC  as  again  being  81130.
Further, HQ AFPC/DPPRSP administratively changed his primary specialty
title on his DD  Form  214  from  Security  Specialist  to  Apprentice
Security Specialist; the AFSC  remained  81130.   In  conclusion,  the
applicant has not demonstrated to our satisfaction  that  he  achieved
the skill level for the AFSC of 81150 or  that  his  activities  as  a
private  citizen  warrant  an  upgraded  discharge  on  the  basis  of
clemency.  We therefore agree with the rationale of the Air Force that
the applicant has not sustained his burden of having  suffered  either
an error or an  injustice.   However,  should  the  applicant  provide
information regarding his post-service activities or evidence that  he
did attain the AFSC 81150 skill level, we would be willing  to  review
his case for possible reconsideration.  Until then, absent  persuasive
evidence to the contrary, we find no  compelling  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  this  application  in
Executive Session on 15 November 2005, under the provisions of AFI 36-
2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Ms. Jean A. Reynolds, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2005-01991 was considered:

   Exhibit A.  DD Form 149, dated 16 Jun 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, HQ AFPC/DPPAC, dated 25 Jul 05.
   Exhibit E.  Letter, HQ AFPC/DPPRS, dated 28 Jul 05.
   Exhibit F.  Letter, SAF/MRBR, dated 5 Aug 05.
   Exhibit G.  Letter, Applicant, dated 25 Aug 05.
   Exhibit H.  Letter, AFBCMR, dated 29 Aug 05




                                   RICHARD A. PETERSON
                                   Panel Chair

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