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AF | BCMR | CY2006 | BC-2006-02072
Original file (BC-2006-02072.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-02072
                                             INDEX CODE: 110.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED: NO



MANDATORY CASE COMPLETION DATE:  03 OCTOBER 2007


____________________________________________________________________

APPLICANT REQUESTS THAT:

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

____________________________________________________________________

APPLICANT CONTENDS THAT:

He completed basic training and technical school; his first  duty  base
was filled with drug abusers.   He  did  not  want  any  part  of  that
lifestyle, so he quit.

If you check the base medical records you will find  evidence  of  drug
abuse with the airmen there.

Applicant’s complete submission is attached at Exhibit A.

____________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty in the Air Force  on  8  Dec  72,  for  a
period of four years in the grade of airman basic.

On 5 Oct 73, the squadron commander notified the applicant that he  was
recommending he be discharged  from  the  Air  Force  for  a  defective
attitude, as illustrated by the following:  (1) On 9 Jul 73,  applicant
received an Article 15 for failure to go at the time prescribed  on  or
about (o/a) 29 Jun 73 and 2 Jul 73.  Punishment imposed was a suspended
reduction in grade to airman basic, and forfeiture of  $50.00  of  pay;
(2) On 11 Sep 73,  applicant  received  a  vacation  of  the  suspended
reduction in grade to airman basic, for  failure  to  go  at  the  time
prescribed on or about 22 Aug 73; (3) On 14 Sep 73, applicant  received
an Article 15 for being absent without leave  (AWOL)  o/a  27  Aug  73.
Punishment imposed was forfeiture of  $75.00  pay  per  month  for  two
months; (4) On 25 Sep 73, applicant received an Article 15 for  leaving
his appointed place of duty, without authority o/a 17, 18  and  19  Sep
73.  Punishment imposed was forfeiture of $50.00 pay per month for  two
months.

On 5 Oct 73, after  consulting  with  counsel,  applicant  acknowledged
receipt of the discharge notification and waived his rights  to  submit
statements in his own behalf.

On 11 Oct 73, an  evaluation  officer  interviewed  the  applicant  and
recommended  he  be  discharged  with  an  under  honorable  conditions
(general) discharge for unsuitability based upon a defective attitude.

On 6 Nov 73, the Staff Judge  Advocate  found  the  case  file  legally
sufficient to support discharge  from  the  Air  Force  with  an  under
honorable  conditions  (general)  discharge   without   probation   and
rehabilitation.  On 8 Nov 73,  the  discharge  authority  approved  the
separation  and  directed  general  discharge  without  probation   and
rehabilitation.

Applicant was discharged on 9 Nov 73, in the grade of airman basic  (E-
1), under the  provisions  of  AFM  39-12,  and  was  issued  an  under
honorable conditions (general) discharge.   He  was  credited  with  10
months, and 13 days of active military service.

Pursuant to the Board’s request on 25 Jul 06,  the  Federal  Bureau  of
Investigation, Clarksburg, West Virginia, indicated on 28 Jul 06, that,
on the basis of data furnished, they are unable  to  locate  an  arrest
record (Exhibit C).

____________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application  be  denied,  and  states,  in
part, 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 evidence or  identify  any  errors  or
injustices that occurred in the  discharge  processing.   Additionally,
the applicant provided no facts warranting a change to his character of
service.

A complete copy of the DPPRS evaluation is at Exhibit D.

____________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 Jul 06, a copy of the Air Force evaluation was forwarded  to  the
applicant for review and comment within 30 days.  To date, a reply  has
not been received (Exhibit E).

____________________________________________________________________




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.   After  careful  review  of  the
available  records,  the  applicant’s  discharge  appears  to   be   in
compliance with the governing regulation 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  reviewing  the
documentation submitted in support of applicant’s  appeal,  we  do  not
believe he has suffered from an injustice.   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-
02072 in Executive Session on 20 September 2006, under  the  provisions
of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Ms. Karen A. Holloman, Member

The following documentary evidence pertaining to Docket Number      BC-
2006-02072 was considered:

    Exhibit A.  DD Form 149, dated 8 Jul 06.
    Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFPC/DPPRS, dated 20 Jul 06.
    Exhibit E.  Letter, SAF/MRBR, dated 28 Jul 06.




                                             MICHAEL J. NOVEL
                                             Panel Chair

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