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AF | BCMR | CY2006 | BC-2005-03370
Original file (BC-2005-03370.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-03370
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

      XXXXXXX                           HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  6 MAY 2007


________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was unjustifiably  and  falsely  discharged  for  no  reason  because  he
notified Air Force authorities that  he  was  physically  assaulted  by  his
First Sergeant.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  23
April 1985, for a period of four years.  On 8 January  1986,  the  commander
notified him of his  intent  to  initiate  administrative  discharge  action
against him for misconduct based on  minor  disciplinary  infractions.   The
commander indicated his reasons for the action were that on 2 January  1986,
the applicant was disrespectful toward a superior  noncommissioned  officer,
for which he  received  nonjudicial  punishment  under  Article  15  of  the
Uniform Code of Military Justice (UCMJ); on 2 October 1985,  he  received  a
letter of counseling concerning his negative attitude and military  bearing;
and on 6 September 1985, he received a letter of counseling  concerning  his
duty performance  and  military  bearing.   On  21  February  1986,  he  was
discharged with an under honorable conditions (general) discharge under  the
provisions  of  AFR  39-10  (Misconduct  -  Pattern  of  Minor  Disciplinary
Infractions).   He  received  an  RE  Code  of  “2B,”  which  defined  means
“involuntarily  separated  with  a  general  or   under-other-than-honorable
discharge."  He had completed 9 months and 29 days of active service.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
the  discharge  was  consistent  with   the   procedural   and   substantive
requirements of the discharge regulation and was within  the  discretion  of
the discharge authority.

The AFPC/DPPRS evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  23
November 2005, for review and response within 30 days.  However, 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, 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.   The  discharge
appears to be in compliance with the governing Air Force Regulation  and  we
find no evidence to indicate that his separation  from  the  Air  Force  was
inappropriate.  We also find no evidence of error in  this  case  and  after
thoroughly reviewing the documentation that has been  submitted  in  support
of applicant's appeal, we do not believe he has suffered from an  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-2005-03370
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 11 Oct 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 18 Nov 05.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Nov 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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