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AF | BCMR | CY2006 | BC-2006-01361
Original file (BC-2006-01361.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01361
            INDEX CODE: 110.02
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY COMPLETION DATE: 6 NOVEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to  make  him
eligible for reenlistment into the military.

_________________________________________________________________

APPLICANT CONTENDS THAT:

There  were  incomplete/false  documents,  incorrect  dates  and  names   on
official records as well as missing paper work.

In support of the application, the  applicant  submits  character  reference
letters and other documents relative to his discharge.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an  airman  basic  on  28
September 2004 and was separated from the Air Force on  6  July  2005  under
the  provisions  of  AFI  36-3208,  Administrative  Separation   of   Airman
(misconduct), with a general (under  honorable  conditions)  discharge.   He
was credited with nine months, and nine days of active service.

On 10 October 2005, the applicant submitted an application to the Air  Force
Discharge Review Board (AFDRB)  requesting  his  discharge  be  upgraded  to
honorable. The records indicated the applicant had committed drug  abuse  as
defined by the applicable Air Force Regulation, received an Article 15,  two
Letters of Reprimand, one Letter of Counseling  and  five  AETC  Forms  341,
Excellence/Discrepancy  Report  for  misconduct.  The  Board  concluded  the
misconduct  was  a  significant  departure  from  conduct  expected  of  all
military members and the characterization of his discharge  was  appropriate
under the circumstances.

_________________________________________________________________
AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial. DPPRS  states  the  discharge  was  consistent
with procedural and substantive requirements  of  the  discharge  regulation
and was within the discretion  of  the  discharge  authority  and  that  the
applicant was provided full administrative due process.  The  applicant  did
not submit any evidence or identify any errors or injustices  that  occurred
during the discharge processing.  He provided no facts warranting  a  change
to his character of service.

The AFPC/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 9 June
2006 for review and comment within 30 days.  As of this date, this office
has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an  error  or  injustice.   After  a  thorough  review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded  that
his discharge should be  upgraded  to  honorable.   The  applicant  has  not
established by his submission that his commander  abused  his  discretionary
authority, and since we find  no  abuse  of  that  authority,  there  is  no
compelling reason to overturn the commander’s decision.  We agree  with  the
opinion and recommendation of the Air Force and adopt its rationale  as  the
basis for our decision that the applicant has failed to sustain  his  burden
of having suffered either an error or an injustice.   Therefore, in  absence
of evidence to the contrary, we find no  basis  to  recommend  granting  the
relief sought.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the  issue  involved.  Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________


THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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-2005-03503
in Executive Session on 21 September 2006, under the provisions of  AFI  36-
2603:

                 Mr. Michael Gallogly, Chair
                 Mr. Dean Yount, Member
                 Mr. Gregory Parker, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 22 Apr 06.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 19 May 06.
      Exhibit D. Letter, SAF/MRBR, dated 9 Jun 06.






      MICHAEL GALLOGLY
      Panel Chair


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