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AF | BCMR | CY2006 | BC-2005-03187
Original file (BC-2005-03187.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03187
            INDEX NUMBER:  110.00
      XXXXXXXXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  17 Apr 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

Widow of the deceased member  requests  that  her  deceased  husband’s
General  (Under  Honorable  Conditions)  discharge  be   upgraded   to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since the service member is deceased  and  “under  honorable”  is  not
relevant, she would like for his  discharge  to  be  upgraded  so  his
children can be proud of the fact that  their  father  served  in  the
military.

In support of  her  appeal,  applicant  submits  a  copy  of  a  death
certificate.

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

_________________________________________________________________

STATEMENT OF FACTS:

The member entered active duty in the Air Force on 29 Mar 79.   On  15
Nov 83, the member’s squadron section commander (CCQ) notified him  he
was  recommending  his  discharge  from  the  Air  Force   for   minor
disciplinary infractions.  The reasons  for  the  commander’s  actions
were:

        a.  Member received a letter of reprimand (LOR) on  8  Jun  83
for wrongful use of marijuana on or about 14 May 83.

        b.  Member received an Article 15 on 20 Jul 83, while  serving
in the grade of sergeant (E-4),  for  unauthorized  absence  from  his
place of duty, wrongful appropriation of an automobile, and failure to
obey a lawful order.  He was reduced to  the  grade  of  airman  first
class (A1C) and given 14 days extra duties.

        c.  Member’s wrongful use of marijuana on or about 18 Oct 83.

The member acknowledged receipt of the intended discharge action on 15
Nov 83.  The CCQ recommended to the  group  commander  the  member  be
discharged for the reasons  indicated  above.   The  member  consulted
counsel and submitted a written statement in his behalf to  the  group
commander.  On 1 Dec 83, the group  staff  judge  advocate  found  the
discharge action against the member legally sufficient and recommended
to the commander the member be discharged and furnished with a general
discharge without probation and rehabilitation.

On 2 Dec 83, the group commander directed  the  member  be  discharged
with a general discharge without probation  and  rehabilitation.   The
member was discharged on 5 Dec 83  with  a  general  (under  honorable
conditions) discharge for  misconduct—pattern  of  minor  disciplinary
infractions.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the applicant’s request.  Based on the
documentation in the master personnel records, the member’s  discharge
was consistent with the procedural and substantive requirements of the
discharge regulation.  The discharge was within the discretion of  the
discharge authority.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
10 Nov 05 for review and comment within 30 days.  To date, a  response
has not been received.

_________________________________________________________________

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  error  or  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
office of primary responsibility and adopt its rationale as the  basis
for our conclusion that the deceased member has not been the victim of
an error or injustice.  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 Docket  Number  BC-2005-
03187 in Executive Session on 21 December 2005, under  the  provisions
of AFI 36-2603:

      Mr. James W. Russell, III, Panel Chair
      Mr. Vance E. Lineberger, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Oct 05, w/atchs.
    Exhibit B.  Deceased Member’s Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPRS, dated 2 Nov 05.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Nov 05.




                                   JAMES W. RUSSELL, III
                                   Panel Chair

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