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AF | BCMR | CY2006 | BC-2006-01243
Original file (BC-2006-01243.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01243
            INDEX CODE:  110.02
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  27 OCT 2007

__________________________________________________________________

APPLICANT REQUESTS THAT:

His separation code be changed to show he was not  on  the  control
roster.
__________________________________________________________________

APPLICANT CONTENDS THAT:

He was not on the control roster observation period at the time  of
his discharge.

In support of his request, the applicant submitted a  copy  of  his
DD Form 214, Certificate of Release or Discharge from Active  Duty;
DD Form  1058,  Unfavorable  Information  Action;  and,  Letter  of
Reprimand dated 16 July 1987.

His complete submission, with attachments, is at Exhibit A.

__________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 10 July 1980  in
the grade of airman basic for a period of four years.

On 17 November 1987, he was discharged with an honorable discharge,
Separation Code GFX  -  conditions  that  interfere  with  military
service - not disability - character and  behavior  disorder).   He
received an RE code of 4I “Serving on Control Roster”.

He served 6 years, 11 months and 22 days on active duty.

On 16 July 1987 the  commander  notified  applicant  he  was  being
placed on the control roster effective 16 July 1987.  The applicant
acknowledged receipt the same day and was provided the  opportunity
to submit documentation  for  his  commander’s  consideration.   He
submitted documentation; however, after reviewing  the  applicant’s
documentation, the commander decided  to  place  applicant  on  the
control roster effective 21  July  1987.   AFR  35-32,  Unfavorable
Information Files, Control Rosters, Administrative  Reprimands  and
Admonitions, 17 October 1986, indicates control roster actions  are
effective the date the decision authority signs section V of the AF
Form 1058.

AFI 35-32 further instructs the decision authority to add the words
“see sect V” following the word “effective” when completing the  AF
Form 1058, Unfavorable Information Action  under  AFR  35-32.   The
decision authorities entered 16 July 1987 instead of  “see  section
V.”

__________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial.   DPPRS  states  based   upon   the
documentation in the master personnel  records  the  discharge  was
consistent with the procedural and substantive requirements of  the
discharge regulation.  Additionally, the discharge was  within  the
discretion of the discharge authority.

The applicant did not submit any evidence or identify any errors or
injustices that occurred in  the  discharge  process;  nor  did  he
provide any facts warranting a change to his  separation  code  and
GFX  (conditions  that  interfere  with  military  service  –   not
disability character and behavior disorder) is the correct code.

AFPC/DPPRS provided a copy of a memorandum provided to applicant by
DPPAE.  The memorandum advises the applicant  that  control  roster
actions are effective the date the decision authority signs section
“V” of the AF Form 1058.  The commander signed the AF Form 1058  21
Jul 87 and placed the applicant on the control roster for 4 months.
 Therefore, at the time of his discharge, he was still  serving  on
the control roster.

A complete copy of the  DPPRS  evaluation  with  attachment  is  at
Exhibit C.

__________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 26 May 06, for review and comment within 30 days.   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  an  error  or  injustice  to  warrant
changing the separation code.  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 applicant has not been  the  victim  of  an
error or injustice.  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 AFBCMR Docket  Number
BC-2006-01243 in Executive Session on  8  August  2006,  under  the
provisions of AFI 36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. John E. Pettit, Member
                 Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Apr 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 19 May 06.
    Exhibit D.  Letter, SAF/MRBR, dated 26 May 06.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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