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AF | BCMR | CY2006 | BC-2005-03420
Original file (BC-2005-03420.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-03420
                                        INDEX CODE:  110.02
                                        COUNSEL:  NONE
                                        HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  12 MAY 2007
_________________________________________________________________

APPLICANT REQUESTS THAT:

His  under  other  than  honorable  conditions  discharge  be  upgraded   to
honorable.
_________________________________________________________________

APPLICANT CONTENDS THAT:

As a child he knew he wanted to join the Air  Force  and  give  his  country
everything he could offer.  Two weeks into his training,  he  received  word
that his mother had passed away  tragically  in  a  boating  accident.   The
death of his mother traumatized him so much  that  he  did  not  care  about
anything or anyone.  While  stationed  at  Wheeler  AFB,  HI,  he  got  into
trouble and his career ended before it started.   He  knows  that  he  would
have been a tremendous asset to the Air Force.  His sister retired from  the
Air Force and his brother is a captain in the Army.  He feels  ashamed  that
he  could  not  finish  what  he  started  back  in  1984.   He  takes  full
responsibility for his actions and would like for one day to be looked  upon
as a proud citizen who served his country in the United States Air Force.

Applicant provides no supporting documentation.  The applicant’s  submission
is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 7 June 1984, the applicant enlisted in  the  Regular  Air  Force  in  the
grade  of  airman  basic  (E-1)  for  a  period  of  four  years.   He   was
progressively promoted to the grade of airman first  class  (E-3)  effective
and with a date of rank of 7 August 1985.

On  6  August  1987,  court-martial  charges  were  preferred  against   the
applicant for five specifications of failure to go in violation  of  Article
86 of the UCMJ, one specification of larceny in violation of Article 121  of
the UCMJ, two specifications of disobeying a lawful order  in  violation  of
Article 90 of  the  UCMJ,  one  specification  of  dereliction  of  duty  in
violation of Article 92, and 11 specifications  of  writing  bad  checks  in
violation of Article 123a of the UCMJ.

On 14 August 1987, after consulting counsel, the applicant requested  he  be
discharged in lieu of trial by court-martial  and  indicated  he  understood
that if the request was approved, he could be discharged  under  other  than
honorable  conditions.   On  1 September  1987,  the  applicant’s  commander
accepted his request and initiated discharge proceedings  against  him.   On
11  September  1987,  the  discharge  authority  approved  the   recommended
separation and directed the applicant be discharged from the Air Force  with
service characterized as under other than honorable conditions.

On 24 September 1987, the applicant was discharged with an under other  than
honorable conditions discharge.  He had served  3  years,  3 months  and  18
days on active duty.

Pursuant to the Board's request, the Federal Bureau of Investigation  (FBI),
Clarksburg, WV, indicated that on the basis  of  the  data  furnished,  they
were unable to locate an arrest record.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS  states  that  based
upon the documentation in the file, the discharge was  consistent  with  the
procedural and substantive requirements of the  discharge  regulation.   The
DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 2 December 2005, a copy of the Air  Force  evaluation  was  sent  to  the
applicant for review  and  response.   On  5  January  2006,  a  letter  was
forwarded to  applicant  suggesting  that  he  consider  providing  evidence
pertaining to his post-service activities.  As of  this  date,  this  office
has not received a response to any of the foregoing correspondence  (Exhibit
D).

_________________________________________________________________

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
applicant’s request  and  the  available  evidence  of  record,  we  see  no
evidence that would warrant an upgrade of his characterization  of  service.
Other than his own assertions, the applicant has provided no evidence  which
would lead us to believe that the information in his discharge case file  is
erroneous,  that  his  substantial  rights  were  violated,  or   that   his
commanders  abused  their  discretionary  authority.   However,  should  the
applicant provide  evidence  pertaining  to  his  post  service  activities,
testimonials of friends and responsible citizens who know him,  he  may,  of
course, submit a request for clemency at a later time.

_________________________________________________________________

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 this application in  Executive
Session on 21 February 2006, under the provisions of AFI 36-2603:

            Mr. Richard A. Peterson, Panel Chair
            Ms. Glenda H. Scheiner, Member
            Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2005-03420:

    Exhibit A.  DD Form 149, dated 2 Nov 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 29 Nov 05.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Dec 05.




                                  RICHARD A. PETERSON
                                  Panel Chair

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