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AF | BCMR | CY2005 | BC-2005-02196
Original file (BC-2005-02196.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02196

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE: 15 JANUARY 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

If his discharge was upgraded, it would make it possible  for  him  to
get a better paying job. He was discharged when he was 20  years  old.
He is now 40 years old and has grown mentally with the marriage of  20
years and the birth of two children.

In support of his appeal the applicant submits a copy of DD Form  293,
Application for the Review of Discharge or Dismissal  from  the  Armed
Forces of the United States.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 21  June  1982.  He
was promoted to  the  grade  of  airman  first  class  (E-3)  with  an
effective date and date of rank of 24 March 1984.

On 5 November 1984, the applicant's commander notified him that he was
recommending him for discharge from the Air  Force  for  misconduct  -
pattern of misconduct prejudicial to good order and  discipline.   The
commander  recommended  a  general   (under   other   than   honorable
conditions) discharge based on the following:

      (1) On 24 March 1983, he received  an  Article  15  for  issuing
worthless checks in the amount of $265.00.

      (2) On 30 May 84,  he  was  verbally  counseled  for  issuing  a
worthless check in the amount of $45.00.

      (3) On 19 June 1984, he was verbally  counseled  for  issuing  a
worthless check in the amount of $25.00.

      (4) On 11 September 1984, he was  arrested  by  Okaloosa  County
Sheriff’s Department for issuing a worthless check in  the  amount  of
$9.65.

      (5) On 12 September 1984, he received a Letter of Counseling for
failure to maintain dormitory room standards.

      (6) On 12 September 1984, he received a Letter of Reprimand  for
failing a scheduled dormitory room inspection.

      (7) On 24 September 1984, he received an Article 15 for  failure
to go to a scheduled appointment and for being AWOL  from        18-24
September 1984.

      (8) On 2 November 1984, his suspended reduction was vacated  for
failing to return to 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 base legal office reviewed the case,
found it legally sufficient to support separation, and recommended the
applicant be discharged with a general  (under  honorable  conditions)
discharge  without  probation  and  rehabilitation.    The   discharge
authority approved  the  separation  and  directed  the  applicant  be
discharged with  a  general  (under  honorable  conditions)  discharge
without probation and rehabilitation.

On 23 November 1984, the applicant was separated from  the  Air  Force
under the provisions of AFR 39-10, Administrative Separation of Airmen
(misconduct-pattern  of  misconduct  prejudicial  to  good  order  and
discipline), with a general (under  honorable  conditions)  discharge.
He served 2 years, 4 months  and  27  day  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 an upgrade of his discharge.

AFPC/DPPRS’s complete evaluation is attached at Exhibit D.

_________________________________________________________________






APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7
October 2005 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 a  thorough  review  of
the  evidence  of  record  and  applicant’s  submission,  we  are  not
persuaded that his discharge should be upgraded.  We  agree  with  the
opinion 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.  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.   Should  he   provide
documentary evidence pertaining to  his  post  service  activities  we
would be willing to reconsider his appeal.  In  the  absence  of  such
evidence, favorable action is not recommended.   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 AFBCMR Docket Number BC-
2005-02196  in  Executive  Session  on  8  November  2005,  under  the
provisions of AFI 36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Mr. Alan A. Blomgren, Member
      Ms. Jan Mulligan, Member


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jul 05, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 3 Oct 05.
      Exhibit D.  Letter, SAF/MRBR, dated 7 Oct 05.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair

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