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AF | BCMR | CY2006 | BC-2005-03662
Original file (BC-2005-03662.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03662
      INDEX CODE:  110.02
      COUNSEL:  NONE

      HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  4 APRIL 2007

________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was  a  result  of  his  youth,  life  experience  and  family
troubles.  He has been gainfully employed since being discharged.  His  life
successes are owed in part to the Air Force and the lessons taught  while  a
member.  He sincerely hopes that after reviewing his resume, the Board  will
upgrade his discharge to honorable.

In support of his application, the applicant submits a copy of  his  resume.
The applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 21 September 1982, the applicant enlisted in the  Regular  Air  Force  at
the age of 18 in the grade of airman basic (E-1) for a period  of  6  years.
After completing basic military and technical training, he was  assigned  to
the Security Police Squadron.  He was progressively promoted to the rank  of
senior airman effective and with a date of rank  of  11  August  1985.   His
Airman Performance Report history reflects (in chronological order)  overall
ratings of 9, 9, 8, 8, and 8.

On 19 November 1985, the applicant reported late to  work.   On  13 November
1985, he failed to go to a scheduled appointment.  He received a  Letter  of
Counseling (LOC) for each incident.  On 2 March 1986, he fell  asleep  while
on duty.  For this offense he received a Letter of Reprimand (LOR).
On 4 April 1986, he had a 60-day delinquent account at  the  Noncommissioned
Officer’s Club, and on 15 April 1986 he failed  dormitory  room  inspection.
He received an LOC for each incident.  On 10 April 1986,  he  reported  late
for duty and received an LOR.  On 27 April 1986, he received an  Article  15
for failure to go to his appointed place of duty.

On 16  May  1986,  the  applicant’s  commander  notified  him  that  he  was
recommending his separation from the Air Force under the provisions  of  AFR
39-10, para 5-47b for a pattern of misconduct–conduct  prejudicial  to  good
order and discipline.   He  was  advised  of  his  rights  and  acknowledged
receipt of the notification.  He waived his option to  consult  counsel  and
his  right  to  submit  a  statement  on  his  own  behalf.   The  commander
thereafter initiated a recommendation for the applicant’s separation.

In a legal review of the discharge case file dated  19  May  06,  the  staff
judge advocate found the file was legally sufficient  and  recommended  that
the applicant be administratively separated from the service  and  furnished
a general (under honorable  conditions)  discharge,  without  probation  and
rehabilitation.

On  22  May  1986,  the  discharge  authority   approved   the   recommended
separation.  The applicant served two years, eight months and  two  days  on
active duty with 1 year and 27 days of foreign service.

________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  states  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, and within the discretion of the discharge  authority.
 DPPRS concludes the applicant did not submit any evidence or  identify  any
errors or  injustices  that  occurred  during  the  discharge  process,  and
provided no facts warranting a change to his character of service.

DPPRS’s 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
February 2006 for review and comment and on 17 April 2006,  he  was  invited
to submit information pertaining to his post-service activities.   To  date,
we have not received  any  response  to  the  aforementioned  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

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   After  careful  consideration  of  the
available evidence and in the absence of evidence by the  applicant  to  the
contrary, we believe that the actions taken to  effect  his  discharge  were
proper and in compliance with the provisions of  the  governing  regulations
in effect at that time.  Although his resume was impressive,  no  supporting
documentation regarding post-service  adjustments  and  accomplishments  was
provided.  In view of this  fact  and  in  the  absence  of  more  expansive
evidence by the applicant attesting to a successful post-service  adjustment
during the 20 years after his discharge from service, we  are  not  inclined
to extend clemency in this case.  Therefore, we find  no  basis  to  warrant
favorable action on 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  AFBMCR  BC-2005-03662  in
Executive Session on 18 May 2006 under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
            Ms. LeLoy W. Cottrell, Member
      Mr. Gregory A. Parker, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Jan 06 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  HQ AFPC/DPPRS Letter, dated 31 Jan 06.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Feb 06.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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