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AF | BCMR | CY2006 | BC-2006-02062
Original file (BC-2006-02062.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2006-02062
            INDEX CODE: 110.00
      XXXXXXX          COUNSEL:  DISABLED AMERICAN VETERANS

                                   HEARING DESIRED:  YES

MANDATORY COMPLETION DATE: 14 JANUARY 2008
__________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged for minor disciplinary infractions which he attributes to
his drinking behavior.   He  states  he  received  two  driving  under  the
influence charges and believes  alcoholism  had  taken  over  his  rational
thinking and he did not make any attempts to save his career.  He  believes
he has made major changes and improvements since leaving  the  military  in
1990.  He recently celebrated his third year of sobriety in Nov 05 and does
not live the alcoholic life anymore.  He states it took  him  30  years  to
accept the fact his life was unmanageable due to  his  condition.   He  has
been employed at an Allstate Insurance Company for over  seven  years.   He
performs volunteer work annually for the  Juvenile  Diabetes,  United  Way,
Junior Achievement and the American Heart Association.   He is an usher  at
his church and has been married for 20 years  with  three  children  and  a
grandson.  He is very active with Alcoholics Anonymous (AA) and is the  co-
chairman for the annual AA conference in the XXXXXXX Valley  Virgina  area.
He attends Bluefield College and will obtain his Bachelors  Degree  in  Oct
05.  During his 11-year career, he had one Letter of Reprimand in the  late
1980 for an alcohol related incident which  he  regrets.   He  was  offered
alcohol treatment and entered rehabilitation in 1979 but never realized how
severe his disease was until he left the service in 1990.

In support of the appeal, the applicant submits  a  personal  statement,  a
copy of his DD Form 214, Armed  Forces  of  the  United  States  Report  of
Transfer or Discharge; numerous character references,  correspondence  from
the BCMR, copies of his work in AA, information  on  work  accomplishments,
Department  of  Motor  Vehicle  Driving  record,  transcripts   and   other
correspondence.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force on 27 Jun 79 in the  grade  of  airman.
On 5 Jun 90, he was notified by his commander that he was  recommending  he
be discharged from the  Air  Force  under  the  provisions  of  AFR  39-10,
Administrative Separation of  Airman  for  misconduct  (Minor  Disciplinary
Infractions).  The specific reasons for this action were on 29 May  90,  he
received a Letter of Reprimand for failing to go at the prescribed time  to
his appointed place of duty.  On  29  May  90,  he  received  a  Letter  of
Reprimand for being arrested for driving while intoxicated.  On 25  May  90
he received a Letter of Reprimand for being found guilty of  driving  while
intoxicated.  On 7 May 90, he received a Letter of Counseling  for  failing
to go at the prescribed time to his appointed place of duty.  On 22 Jul  89
he received a Letter of Reprimand for  exhibiting  disorderly  conduct  and
being drunk on station.  He was advised of his rights and  he  acknowledged
receipt on 6 Jun 90.  The applicant waived his right to consult counsel and
elected not to submit statements on his own behalf.  In a legal  review  of
his case the base legal office found it legally sufficient and  recommended
a general discharge.  Applicant  was  discharged  in  the  grade  of  staff
sergeant on 10 Jul 90  with  service  characterized  as  a  general  (under
honorable conditions).  He served a total of  11  years,  and  14  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.  In addition, the discharge was within the sound discretion  of
the discharge authority.  He did not submit any new  evidence  or  identify
any errors or injustices that occurred in his  discharge  processing.   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 13 Jul
06 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 an error or injustice.   After  careful  consideration  of  the
available evidence, we found no indication that the actions taken to  affect
his discharge and characterization of his service  were  improper,  contrary
to the provisions of the governing regulations in effect  at  the  time,  or
based on factors other than his own misconduct.  Therefore,  we  agree  with
the  opinion  and  recommendation  of  the  Air  Force  office  of   primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an error or injustice.

________________________________________________________________

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 AFBCMR Docket Number  BC-2006-
02062 in Executive Session on 13 September 2006,  under  the  provisions  of
AFI 36-2603:

                 Mr. Michael J. Maglio, Panel Chair
                 Mr. Garry G. Sauner, Member
                 Ms. Teri G. Spoutz, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 June 2006, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 13 July 2006.
    Exhibit D.  Letter, SAF/MRBR, dated 21 July 2006.




                                             MICHAEL J. MAGLIO
                 Panel Chair

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