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AF | BCMR | CY2006 | BC-2006-01680
Original file (BC-2006-01680.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01680
            INDEX CODE:  110.02
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  8 DEC 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He feels he had an excellent military career, made some  bad  choices,
but the BCD discharge does not reflect his complete character  or  his
contributions to the Air Force.

In support of his request,  the  applicant  provides  NA  Form  13038,
Certification of military Service, and DD  Form  214,  Certificate  of
Release or Discharge.

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
12 May 1981, for a term of 4 years.  He was convicted  by  SPCM  Order
Number 8, dated 23 September 1986, for unauthorized absence  from  his
place of duty from on or about 17 July 1986 to on or about  11  August
1986, and unauthorized absence from his place of duty from on or about
4 September 1986, to on or about 5 September 1986.  He pleaded  guilty
to both specifications  and  was  found  guilty.   The  applicant  was
sentenced to be discharged from the service with  a  BCD,  confinement
for two months, forfeiture of $200.00 per month for  two  months,  and
reduction to the grade of airman basic.  On 8  October  1987,  he  was
discharged from the Air Force under  the  provisions  of  AFAR  39-10,
Administrative Separation of Airmen for  conviction  by  Court-Martial
(Other than desertion) and received a BCD.  He served  a  total  of  6
years, 2 months and 12 days of active duty service.

On 15 June  2006,  his  records  were  corrected  to  show  continuous
honorable active military service from 12 May 1981 to 29 August 1984.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states 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 new evidence  or  identify
any errors or injustices that occurred in  the  discharge  processing,
nor did he provide any facts warranting a change to her  character  of
service.

The DPPRS 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
30 June 2006, 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.   The  Board  notes  the
applicant’s records were corrected to show continuous honorable active
military service from 12 May 1981 to 29 August 1984.   However,  after
careful consideration of the available evidence, we found no  evidence
of impropriety in the manner in which the court-martial was conducted,
no evidence the applicant was not afforded all rights accorded by  law
in effect at the time, or that the actions taken against the applicant
were based on factors other than his own misconduct.  Therefore, based
on the available evidence of record, we find no basis  upon  which  to
favorably consider 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 Docket  Number  BC-2006-
01680 in Executive Session on 2 August 2006, under the  provisions  of
AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Panel Chair
                 Mr. John E. B. Smith, Member
                 Ms. Renee M. Collier, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 29 May 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 12 Jan 05.
      Exhibit D. Letter, SAF/MRBR, dated 30 Jun 06.





      THOMAS S. MARKIEWICZ
      Chair

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