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AF | BCMR | CY2005 | BC-2005-02688
Original file (BC-2005-02688.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02688
                       INDEX CODE:  110.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  2 MAR 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

            b.    The Narrative Reason for Separation  be  changed  to
Convenience of the Government.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He entered the Air Force looking  for  adventure.   He  was  18  and
looking to see what life had to offer.  He was  a  good  airman  and
accountable for his actions.  He considered his military  experience
a learning experience.  His trouble in  the  military  consisted  of
only minor offenses which anyone  could  have  encountered.   He  is
proud to have served in the Air Force and has been  a  good  citizen
since his discharge.

He was unaware that the Air Force Board for Correction  of  Military
Records (AFBCMR) was available to upgrade his discharge.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 28 January 1987, the applicant enlisted in the Regular Air  Force
(RegAF) as an airman basic (AB) for a period of four years.

On 31 January 1989, the applicant was notified  of  his  commander’s
intent to recommend him for discharge  from  the  Air  Force  for  a
Pattern of Misconduct  –  Conduct  Prejudicial  to  Good  Order  and
Discipline in accordance with  Air  Force  Regulation  (AFR)  39-10,
under the provisions of paragraph 5-47  with  a  general  discharge.
The  commander  stated  the  following  reasons  for  the   proposed
discharge:

      a.    On 27 July 1987, the applicant received  an  Article  15
for consuming  an  alcoholic  beverage  while  underage.   For  this
misconduct, his punishment consisted of forfeiture of $50.00 of  his
pay per month for two  months,  suspended  until  26  January  1988,
unless sooner vacated.

      b.    On 8 March 1988, the  applicant  received  a  Letter  of
Reprimand  (LOR)  and  a  Unfavorable  Information  File  (UIF)  was
established for disobeying a lawful order.

      c.    On 23 January 1989, the applicant received an Article 15
for operating a vehicle  while  drunk  and  consuming  an  alcoholic
beverage  while  underage.   For  this  misconduct,  his  punishment
consisted of reduction to the grade  of  airman  and  forfeiture  of
$180.00 of his pay per month for one month.

The commander advised the applicant of his right  to  consult  legal
counsel and that legal counsel had been obtained to assist him;  and
to submit statements in his own behalf, or waive  the  above  rights
after consulting with counsel.

The  commander  indicated  in   his   recommendation   that   before
recommending the discharge he and  the  squadron  section  commander
administered two Articles 15, an LOR, and referred the applicant  to
Social Actions for an alcohol  problem.   Also,  the  applicant  was
denied  the  Air  Force  Good  Conduct  Medal  twice  and  was   not
recommended for promotion.  The commander  further  recommended  the
applicant be discharged without probation and rehabilitation.

The applicant, after consulting with counsel, waived  his  right  to
submit a statement.

A legal review  was  conducted  by  the  staff  judge  advocate  who
recommended the applicant be separated from the  Air  Force  with  a
general discharge without probation and rehabilitation.

The discharge  authority  subsequently  directed  the  applicant  be
discharged  with  a  general   discharge   without   probation   and
rehabilitation.

Applicant’s EPR profile is listed below.

                 PERIOD ENDING          OVERALL EVALUATION

                    14 Dec 87                      7
                    14 Dec 88                      8

Applicant was discharged on 9 February 1989, in the grade of  airman
(Amn) with a general  (under  honorable  conditions)  discharge,  in
accordance  with  AFR  39-10  (Misconduct  -  Pattern   of   conduct
prejudicial to good order and discipline).  He  served  a  total  of
2 years and 12 days of active service.

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

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states the applicant has not submitted any  evidence  nor
identified any errors or injustices that occurred in the  processing
of his discharge.  Based upon the documentation in  the  applicant’s
file, they believe his discharge was consistent with the  procedural
and substantive requirements of the discharge  regulations  of  that
time.  Also, the discharge was within the sound  discretion  of  the
discharge authority.  The applicant did not  provide  any  facts  to
warrant an upgrade of his discharge.  Based on the  information  and
evidence provided they recommend the request be denied.

A copy of the Air Force 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  response.   As  of  this  date,  no
response has been received by this office.

On 20 October 2005, the Board staff requested the applicant  provide
documentation  regarding  his  activities  since  leaving   military
service.  The applicant did not respond (Exhibit F).

On 27 October 2005, the Board staff forwarded  a  copy  of  the  FBI
report to the applicant for his review and response.  The applicant,
as of this date, has not responded (Exhibit G).

_________________________________________________________________

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 of timely file.

3.     Insufficient  relevant  evidence  has   been   presented   to
demonstrate the existence of an error  or  an  injustice.   We  took
notice of the applicant's complete submission in judging the  merits
of the case; however, 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 that he
has suffered  either  an  error  or  an  injustice.   Based  on  the
documentation in the applicant's records, it appears the processing,
the characterization of the discharge, and the Narrative Reason  for
Separation were appropriate and accomplished in accordance with  Air
Force policy.  We have considered the applicant’s overall quality of
service; however, in view of his misconduct while he was  on  active
duty and the contents of the FBI report,  we  do  not  believe  that
clemency is warranted.  Furthermore, the applicant failed to respond
to a request to provide  documentation  regarding  his  post-service
activities.  Therefore, in the absence of evidence to the  contrary,
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 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-2005-02688 in Executive Session on  8  December  2005  under  the
provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Ms. Cheryl V. Jacobson, Member
                 Mr. Gary G. Sauner, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 Aug 05, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 30 Sep 05.
   Exhibit E.  Letter, SAF/MRBR, dated 7 Oct 05.
   Exhibit F.  Letter, AFBCMR, dated 20 Oct 05, w/atch.
   Exhibit G.  Letter, AFBCMR, dated 27 Oct 05, w/atch.




                                        MICHAEL K. GALLOGLY
                                        Panel Chair

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