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AF | BCMR | CY2006 | BC-2006-01960
Original file (BC-2006-01960.DOC) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01960
            INDEX CODE:  110.02
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY COMPLETION DATE 25 OCT 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

The  circumstances  surrounding  his  Article  15  action   and   subsequent
discharge were completely unwarranted and out of character with his  service
record.

In support of his application, he  submits  a  copy  of  his  DD  Form  214,
Certificate of  Release  or  Discharge  from  Active  Duty  and  a  personal
statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  on  29  June  1981  for  a
period of six years.  His highest grade held was senior airman with  a  date
of rank of 1 Oct 1983.

On 16 April 1984, he was notified by his commander that he was  recommending
him  for  discharge  from  the  Air  Force  for  a  pattern  of  misconduct.
Applicant acknowledged receipt of  the  notification  and  after  consulting
with counsel, waived his rights to submit statements in his own behalf.

The  discharge  authority  approved  the  separation  and  directed  he   be
discharged  with  a  general   (under   honorable   conditions)   discharge.
Probation and Rehabilitation were considered, but found not suitable.

On 7 May 1984,  he  was  discharged  under  the  provisions  of  AFR  39-10,
Administrative Separation of Airmen, with a reason of misconduct  -  pattern
discreditable  involvement  with  military  or  civilian  authorities,  with
service characterized as  general  (under  honorable  conditions).   He  was
credited with 2 years, 10 months and 9 days of active duty service.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, indicated on 8  June  2006,  that,  on  the  basis  of  data
furnished, they are 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 requirements  of
the discharge regulation and was within  the  discretion  of  the  discharge
authority. The applicant did not submit any evidence or identify any  errors
or injustices that occurred during the discharge  process.  He  provided  no
facts warranting a change to his character of service.

AFPC/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  21
July 2006 for review and comment within  30  days.   As  of  this  date,  no
response has been received by this office (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-2006-01960
in Executive Session on 6 September 2006, under the provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Patricia J. Zarodkiewicz, Member
      Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Dec 05, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 11 Jul 06.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Jul 06.
    Exhibit E.  Letter, FBI Report.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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