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AF | BCMR | CY2005 | BC-2005-02136
Original file (BC-2005-02136.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02136

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under  honorable  conditions)  discharge  be  changed  to
honorable.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and foolish. He served in the Air Force honorably.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
14 July 1981 and progressed to the grade of airman first class.

On 2 July 1984, the applicant was notified by his  commander  that  he
was being recommended for discharge under the provisions of Air  Force
Regulation (AFR) 39-10,  Unsatisfactory  Performance.   The  commander
recommended  the  applicant  receive  a   general   (under   honorable
conditions) discharge based on the following:

      (1) On 27 November 1981, he received a Letter of  Reprimand  for
being 3 hours late for work.

      (2) On 26 June 1984, he  received  a  Letter  of  Reprimand  for
financial irresponsibility.

      (3) On 29 December 1983, he received a Letter of  Reprimand  for
being absent without leave (AWOL) from 16 December  1983  to        21
December 1983.

      (4) On 28 June 1984, he received an Article 15  for  uttering  a
check for $100.00 to the Airman’s Club with insufficient funds in  the
bank.

      (5) On 10 July 1984, he received an Article 15  for  failure  to
go.

The applicant acknowledged receipt of the discharge  notification  and
consulted counsel but waived his right to submit statements in his own
behalf.  On  30  July  1984,  the  recommendation  was  found  legally
sufficient for a general (under honorable conditions) discharge and no
probation and rehabilitation.

On 3 August 1984, the applicant was involuntarily discharged under the
provisions of AFR 39-10,  (Unsatisfactory  Performance)  with  service
characterized as general (under honorable conditions) in the grade  of
airman first class. He served        3 years, and  20  days  of  total
active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial. 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 evidence or identify  any  errors  or
injustices that occurred in the discharge processing.  He provided  no
facts warranting a change to his character.

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 19 November 2004, 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, the Board excused
the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice warranting an  upgrade  in  his
discharge.  The records reflect the commander initiated administrative
actions based on information he determined to  be  reliable  and  that
administrative actions were 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.   The
only other basis upon which to recommend an upgrade of  his  discharge
would  be  clemency.  However,  applicant  has   failed   to   provide
documentation pertaining to  his  post  service  conduct.   Should  he
provide statements from community leaders and acquaintances  attesting
to his good character and reputation and other evidence of  successful
post-service rehabilitation, this  Board  will  reconsider  this  case
based on  the  new  evidence.   Therefore,  in  the  absence  of  this
documentation, 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 probable  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-
02136 in Executive Session on 15 September 2005, under the  provisions
of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Gregory A. Parker, Member

                 Ms. Jan Mulligan, Member



The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 20 Jul 05.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 1 Aug 05.
      Exhibit D. Letter, SAF/MRBR, dated 5 Aug 05.






      THOMAS S. MARKIEWICZ
      Chair

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