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AF | BCMR | CY2006 | BC-2005-03317
Original file (BC-2005-03317.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
03317
                                             INDEX CODE:  110.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  1 MAY 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than  honorable  conditions  (UOTHC)  discharge  be
upgraded to an under honorable conditions (general) discharge.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was inequitable because it was based on one  isolated
incident in three years of service, with no other adverse action.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 21  Feb  80,  for  a
period of four years in the grade of  airman  basic.   His  highest
grade held was airman first class.

On 4 Jan 83, special court-martial charges were  preferred  against
the applicant based on  the  following:   (1)  On  23  Aug  82,  he
wrongfully  appropriated  $100.00  by   forging   his   commander’s
signature on a partial pay request, for the  purpose  of  obtaining
the payment, the property of the United States; and (2) On  25  Oct
82, he wrongfully appropriated $150.00 by forging  his  commander’s
signature on a partial pay request, for the  purpose  of  obtaining
the payment, the property of the United States.

On  10  Jan  83,  after  consulting  with  counsel,  the  applicant
requested  discharge  in  lieu  of  trial  by  court-martial.    He
understood that if his request was  approved  he  could  receive  a
discharge under other than honorable conditions.

On 12  Jan  83,  applicant’s  squadron  commander  recommended  his
request  for  discharge  be  approved  and  recommended  a  general
discharge.  The reasons for the proposed  action  were  applicant’s
record of  substandard  duty  performance  and  personal  financial
problems, and the special court-martial charges  preferred  against
him.

On 12 Jan 83, the Staff Judge Advocate (SJA)  found  no  errors  or
irregularities affecting the substantial rights of the airman,  and
recommended he be discharged  from  the  Air  Force  with  a  UOTHC
discharge.  On 12  Jan  83,  the  wing  commander  recommended  the
request for discharge in lieu of trial be  approved  and  that  his
service  be  characterized  as  UOTHC.   On  13  Jan  83,  the  SJA
recommended the request for discharge be approved and  stated  that
should a UOTHC characterization be directed the commander must  set
forth  the  reasons  therefor,  as  the  characterization  is  less
favorable than the type recommended by his immediate commander.  On
19 Jan 83, the  discharge  authority  approved  the  discharge  and
directed applicant be  separated  with  a  UOTHC.   He  stated  the
offenses  ordered  to  trial  by  special  court-martial   involved
wrongful obtaining of currency of the United States;  the  flouting
of  military  authority;  and  affected   the   security   of   the
installation.  In addition, his duty performance  did  not  show  a
potential for future satisfactory service.

On 24 Jan 83, applicant was discharged under the provisions of  AFR
39-10, by reason of request for discharge in lieu of trial by court-
martial, with an under other than honorable  conditions  discharge.
He served 2 years,  11  months,  and  4  days  of  active  military
service.

On 8 May 83, applicant applied to the Air  Force  Discharge  Review
Board (AFDRB) requesting his under other than  honorable  discharge
be upgraded to an under honorable conditions  (general)  discharge.
After review of the evidence of record, the  AFDRB  concluded  that
the discharge was consistent with the  procedural  and  substantive
requirements  of  the  discharge  regulation  and  was  within  the
discretion of the discharge authority and that  the  applicant  was
provided  full  administrative  due  process.   The  Board  further
concluded that there exists no legal or equitable basis for upgrade
of discharge and applicant’s discharge should not  be  changed.   A
copy of the AFDRB Hearing Record is attached at Exhibit C.

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, West Virginia, provided  a  copy  of  an
investigation report, which is attached at Exhibit D.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial.
They stated, in part, that 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.   Additionally,  the  applicant  provided  no
evidence or identified any errors or injustices  that  occurred  in
the discharge processing.  He provided no facts warranting a change
to the character of service.

A complete copy of the Air Force evaluation is at Exhibit E.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 Nov 05, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and comment within 30 days.   To  date,  a
reply has not been received by this office (Exhibit F).

On 15 Dec 05, a  copy  of  the  FBI  Report  of  Investigation  was
forwarded to the applicant for review and  comment.   To  date,  no
response has been received by this office.  (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 to timely file.

3.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error  or  injustice.   After  careful
consideration of the evidence provided, the discharge appears to be
in compliance with the governing regulation and we find no evidence
to  indicate  that  his  separation  from   the   Air   Force   was
inappropriate or that it was based on any factors  other  than  his
own misconduct.  We find no evidence of  error  in  this  case  and
after thoroughly reviewing the documentation submitted  in  support
of applicant’s appeal, we do not believe he has  suffered  from  an
injustice.  In addition, in view of the contents of the FBI  Report
of Investigation, we are not  persuaded  that  an  upgrade  of  the
characterization of applicant’s discharge is warranted on the basis
of clemency.  Therefore, based on the available evidence of record,
we find no basis upon which to favorably consider his request.

___________________________________________________________________

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-
03317 in Executive Session on 11 January 2006, under the provisions
of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Wallace F. Beard Jr., Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Oct 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFDRB Hearing Record, dated 22 Oct 85, w/atchs.
    Exhibit D.  FBI Report of Investigation.
    Exhibit E.  Letter, AFPC/DPPRS, dated 14 Nov 05.
    Exhibit F.  Letter, SAF/MRBR, dated 18 Nov 05.
    Exhibit G.  Letter, AFBCMR, dated 15 Dec 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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