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AF | BCMR | CY2006 | BC-2006-02201
Original file (BC-2006-02201.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02201
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  24 January 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His wife caused the problems that led to his discharge.

In support of the appeal, applicant submits a  copy  of  a  nomination
format, a character reference, and a copy of his DD Form 214.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 1 Apr 88.  On 5 Apr 91,
he was notified by his  commander  that  he  was  recommending  he  be
discharged from the Air Force for minor disciplinary infractions.  The
basis for the recommendation was: reporting for work not having proper
rest, thus posing a safety  risk;  reporting  for  work  late,  taking
excessively long lunch breaks, failing to  notify  his  supervisor  of
appointments, violating AFR 35-10 (dress  and  appearance  standards),
failing to  follow  proper  work  procedures  causing  a  fuel  spill;
uttering a nonsufficient fund check in  the  amount  of  $150.00;  for
these infractions he was counseled both orally  and  in  writing.   He
received nonjudicial punishment consisting of correctional custody and
a suspended reduction in rank to the grade of airman for  being  drunk
and disorderly.  He left his place of duty without authority, for this
offense, the suspension of his reduction  in  rank  to  the  grade  of
airman was vacated.  He acknowledged receipt of  the  notification  of
discharge, consulted with counsel, and submitted statements in his own
behalf.  The base legal office reviewed the case and found it  legally
sufficient,  and  recommended  separation  with  an  under   honorable
conditions (general) discharge without probation  and  rehabilitation.
The discharge authority  approved  the  separation  and  directed  his
separation.  He was separated from the Air Force on  17  Apr  91.   He
served 3 years and 17 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPRS  recommends  denial.   DPPRS  states  the  discharge   was
consistent with the procedural and  substantive  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 in his discharge processing.

A complete copy of the 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
18 Aug 06 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  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
applicant has not been the victim  of  an  error  or  injustice.   The
applicant did not submit  any  evidence  or  identify  any  errors  or
injustices that occurred  in  the  discharge  processing  nor  did  he
provide any facts warranting a change to  his  character  of  service.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
basis to recommend granting the relief sought in 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 AFBCMR Docket Number BC-
2006-02201 in Executive  Session  on  27  September  2006,  under  the
provisions of AFI 36-2603:

                       Ms. Marilyn M. Thomas, Vice Chair
                       Ms. Barbara R. Murray, Member
                       Mr. John E. B. Smith, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 13 Jun 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 31 Jul 06.
      Exhibit D. Letter, SAF/MRBR, dated 18 Aug 06.




                             MARILYN M. THOMAS
                             Vice Chair

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