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AF | BCMR | CY2006 | BC-2006-01844
Original file (BC-2006-01844.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01844
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 DEC 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was informed that his  discharge  would  be  automatically  upgraded  six
months subsequent to his discharge.

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

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant  entered  active  duty  on  12   February   1982.    He   was
progressively promoted to the grade of sergeant having  assumed  that  grade
effective and with a date of rank of 1  June  1985.   On  26 February  1987,
applicant was notified by his commander of his intent to recommend  that  he
be discharged from  the  Air  Force  under  the  provisions  of  AFR  39-10,
paragraph 5-46.  The specific reasons  for  this  action  was  that  he  was
placed on the Control Roster  because  he  displayed  unacceptable  off-duty
behavior,  he  received  a  letter  of  reprimand  (LOR)  for   a   domestic
disturbance, he received a verbal counseling for financial  irresponsibility
and he received an Article 15 on 23 February 1987 for being derelict in  the
performance of his duties.  His punishment consisted of a reduction  to  the
grade of airman first class with a date of rank  of  23  February  1987  and
45 days’ extra duty.  He was advised  of  his  rights  in  this  matter  and
acknowledged receipt of the discharge notification.  After  consulting  with
counsel, the applicant elected not to submit statements on his  own  behalf.
In a legal review of the case  file,  the  assistant  staff  judge  advocate
found the case legally sufficient and recommended  that  he  be  discharged.
On 9 March 1987, the discharge authority concurred with the  recommendations
and directed that  he  be  discharged  with  a  general  discharge,  without
probation and rehabilitation.  Applicant was discharged  on  18 March  1987.
He served 5 years, 1 month, and 6 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states  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 an  errors
or injustices that occurred in the discharge processing nor did  he  provide
facts warranting a change to his character of service.

The DPPRS complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 July 2006, the evaluation was forwarded to the  applicant  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 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  warranting  the  applicant’s  general
discharge be upgraded to an honorable  discharge.   We  believe  responsible
officials applied appropriate standards in effecting the separation, and  do
not find persuasive evidence that pertinent  regulations  were  violated  or
that the applicant was not afforded all the rights to which entitled at  the
time of discharge.  Although the  applicant  did  not  specifically  request
consideration based on clemency, we find insufficient evidence to warrant  a
recommendation that the discharge be upgraded on that basis.  Therefore,  in
the absence of evidence to the contrary, we  find  no  compelling  basis  to
recommend granting the relief sought.

_________________________________________________________________



THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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-
01844 in Executive Session on 22 August 2006, under the  provisions  of  AFI
36-2603:

                 Mr. Robert H. Altman, Panel Chair
                 Ms. Karen A. Holloman, Member
                 Mr. Wallace F. Beard Jr., Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 12 Jun 06.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Negative FBI Report of Investigation.
   Exhibit D.  Letter, AFPC/DPPRS, dated 30 Jun 06.
   Exhibit E.  Letter, SAF/MRBR, dated 14 Jul 06.




                       ROBERT H. ALTMAN
                       Panel Chair






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