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AF | BCMR | CY2006 | BC-2006-01253
Original file (BC-2006-01253.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-01253
                                       INDEX CODE:  110.00
      XXXXXXX                     COUNSEL: NONE

                                        HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE: 28 OCTOBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

The punishment he received was excessive.

In support of his application, applicant submitted a copy  of  DD Form
293, Application for the Review of Discharge from the Armed Forces  of
the United States.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force in the grade of airman
basic on 8 November 1978 for a period of four years.

On 5 August 1982, the applicant’s commander notified him that  he  was
recommending discharge from the Air Force under the provisions of  AFM
39-12, Chapter 2, Section B, Paragraph  2-15a,  frequent  involvement,
based on the number and the seriousness of the following offenses:

   1) 7 Jan 82, applicant received an Article 15 for failure to go.
   2) 10 Feb 82, applicant received an Article 15 for failure to go.
   3) 19 Jan 82, applicant received a Letter of Counseling  (LOC)  for
      violating Air Force Standards.
   4) 20 Jan 82, applicant received a  LOC  for  violating  Air  Force
      Standards.
   5)  16  Jul  81,   applicant   received   a   LOC   for   financial
      responsibility.
   6) Applicant received seven  letters  of  counseling  for  returned
      checks.
   7) 29 Jun 81, applicant received a Letter of  Reprimand  (LOR)  for
      issuing a worthless check.
   8) 4 Jan 82, applicant received  a  LOR  for  issuing  a  worthless
      check.
   9) 7 Jan 82, applicant received a LOR for failure to go.

The applicant acknowledged receipt of the  notification  of  discharge
and indicated he did not want to submit statements in his own behalf.

The discharge authority approved the separation and directed that  the
applicant be discharged with a general  (under  honorable  conditions)
discharge without probation and rehabilitation.

On 3 Sep 82, applicant was discharged under the provisions of  AFM 39-
12, with service characterized as under honorable conditions.  He  was
credited with 3 years, 9 months, and 26 days of active duty service.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, WV, indicated on 24 Jul 06, that, on  the  basis  of  data
furnished, they were unable to locate an arrest record (Exhibit E).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  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.
The applicant did not submit any evidence or identify  any  errors  or
injustices that occurred in the discharge processing.  He provided  no
facts warranting a change in his character of service.

AFPC/DPPRS complete 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
26 May 2006 for review and comment within 30 days.  As of this date,
this office has received no response (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.  The discharge appears to  be  in
compliance with the governing directives and we find  no  evidence  to
indicate that his separation from the Air Force was inappropriate.  We
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.   In
addition, based on his overall record of service and  the  absence  of
evidence related to his post-service activities  and  accomplishments,
we are not persuaded that an upgrade of the  characterization  of  his
discharge is warranted on the basis of clemency.

_________________________________________________________________

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-2006-
01253 in Executive Session on 15 August 2006, under the provisions  of
AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. LeLoy W. Cottrell, Member
      Ms. Karen A. Holloman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Apr 06, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 9 May 06.
    Exhibit D.  Letter, SAF/MRBR, dated 26 May 06.
    Exhibit E.  FBI Report.




                                   RICHARD A. PETERSON
                                   Panel Chair

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