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AF | BCMR | CY2005 | BC-2205-01374
Original file (BC-2205-01374.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01374
            INDEX CODE:  110.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE: 28 OCT 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his discharge President Ronald  Reagan  was  downsizing
the military. His minor infractions were no reason to get  kicked  out
with no chance of reenlisting in another branch of service.

Applicant's complete submission is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
17 January 1980 for a period of four years.

On 10 February 1983, he was notified by  his  commander  that  he  was
recommending him for a discharge for a pattern of  minor  disciplinary
infractions  and  recommended  a  general  discharge  based   on   the
following:

      (1) February 1981, applicant was evaluated for alcohol abuse.

      (2) June 1982, received an Article 15 for failure to go.

      (3) August 1982, the suspended reduction to  airman  imposed  on
applicant in June 1982 was vacated for failure to obey a lawful  order
and he received a Letter of Reprimand.

      (4) January 1983, received an Article 15 for being  absent  from
his place of duty.

Applicant acknowledges receipt of notification of  discharge  and  was
offered the opportunity to  consult  with  legal  counsel  and  submit
statements in his own behalf.  Applicant chose  not  to  consult  with
legal counsel or submit statements in his own behalf.  The base  legal
office reviewed his case and found it legally  sufficient  to  support
separation and recommended the  applicant  receive  a  general  (under
honorable conditions) discharge.

On 10 February 1983, applicant was discharged with  a  general  (under
honorable conditions) discharge without probation  and  rehabilitation
in the grade of airman. He served 3 years, 1  month  and  29  days  of
total active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial and states based on the documentation  in
the file,  DPPRS  believes  the  discharge  was  consistent  with  the
procedural and substantive requirements of the  discharge  regulation.
The discharge was within the discretion of  the  discharge  authority.
Applicant did not submit  any  evidence  or  identify  any  errors  or
injustices that occurred in the discharge proceedings. He provided  no
facts warranting a change to his character

AFPC/DPPRS complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
13 May 2005, 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. The records reflect  that  the
commander initiated administrative actions  based  on  information  he
determined to be reliable and the administrative actions taken  appear
to have been 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, and since we find no
abuse of that authority, we find no reason to overturn the commander’s
decision.  Therefore, we agree with the opinions 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.
In view of the above, we find  no  basis  to  recommend  granting  the
relief sought.

4. The applicant's case is adequately documented and it has  not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of a 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-
01374 in Executive Session on 9 June 2005, under the provisions of AFI
36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Mr. Michael J. Maglio, Member
                 Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 21 Apr 05.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 9 May 2005.
      Exhibit D. Letter, SAF/MRBR, dated 13 May 2005.






      RICHARD A. PETERSON
      Panel Chair

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