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AF | BCMR | CY2006 | BC-2006-02390
Original file (BC-2006-02390.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02390

      XXXXXXX    COUNSEL:  CVSO

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE: 13 FEBRUARY 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He realized that 15 years  has  passed,  but,  he  was  in  a  serious
motorcycle accident in 2001  and  was  critically  injured.  He  would
appreciate  the  opportunity  to  have  his  discharge  reviewed   and
upgraded. While on active duty in the Air Force, he made quite  a  few
mistakes and was discharged with a general  discharge.  He  has  since
realized his mistakes and has matured. He now attends church regularly
and has changed his life completely.

In  support  of  his  application,  applicant  provided  post  service
letters, a copy of DD Form 214, Certificate of  Release  or  Discharge
from Active Duty, and a letter from the Veteran's  Service  Commission
of Belmont County

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

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
17 June 1986.

On 3 November 1988, he was notified  by  his  commander  that  he  was
recommending him for a discharge for misconduct  -  pattern  of  minor
disciplinary infractions and recommended a general  discharge.   Basis
for the action was:

      (1)  On  25  November  1986,  applicant  received  a  Letter  of
Reprimand (LOR) for being taken into custody by the  Fairbanks  Police
for shoplifting.

      (2)  On  12  February  1987,  applicant  received  a  (LOR)  for
violating dormitory standards for cleanliness.

      (3)  On  19  February  1987,  applicant  received  a  (LOR)  for
violating dormitory standards for cleanliness.

      (4) On 8 May 1987, applicant  received  a  (LOR)  for  violating
dormitory standards for cleanliness.

      (5) On 25 August 1987, applicant  received  a  (LOR)  for  being
apprehended by the North Pole Police Department for operating a  motor
vehicle under the influence of alcohol.

      (6) On 3 September 1987, applicant received a (LOR) for  failure
to go to the Mental Clinic as instructed.

       (7)  On  15  January  1988,  applicant  received  a  (LOR)  for
dereliction in the performance  of  his  duties  in  preparing  for  a
dormitory inspection.

      (8) On 11 August 1988, applicant received a (LOR) for needing  a
haircut.

      (9) On 19 August 1988, applicant received a  (LOR)  for  leaving
his priority post without being properly relieved.

      (10) On  7  September  1988,  applicant  received  a  (LOR)  for
violating his driving revocation by operating a motor bike on  Eielson
AFB.

      (11) On 21 October 1988, applicant received an  Article  15  for
dereliction in the performance of his duties,  in  that  he  willfully
failed to perform Bay Orderly as instructed.

The applicant acknowledged receipt of the  notification  of  discharge
and  after  consulting  with  legal  counsel  elected  not  to  submit
statements in his own behalf. The  discharge  authority  approved  the
separation and directed the applicant be  discharged  with  a  general
(under   honorable    conditions)    discharge    without    probation
rehabilitation.

On 14 November 1988, the applicant was involuntarily discharged  under
the provision of AFR 39-10 (Misconduct - Pattern of Minor Disciplinary
Infractions) with service characterized as  general  (under  honorable
conditions) in the grade of airman basic.  He served 2 years, 4  month
and 18 days of total active military service.

A copy of the FBI request provided stated they were unable to identify
any arrest record on the applicant, which is at Exhibit C.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial and stated, based on  the  documentation
in the file, they  believe  the  discharge  was  consistent  with  the
procedural and substantive requirements of the  discharge  regulation.
The discharge was within the discretion of  the  discharge  authority.
Applicant did not submit any new evidence or identify  any  errors  or
injustices that occurred in the  discharge  proceedings,  nor  did  he
provide any facts warranting a change to his general (under  honorable
conditions) discharge.

AFPC/DPPRS complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 22
September 2006 for review and response within 30  days.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

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 find no  impropriety  in  the
characterization  of   applicant's   discharge.    It   appears   that
responsible officials applied appropriate standards in  effecting  the
separation, and we do not  find  persuasive  evidence  that  pertinent
regulations were violated or that applicant was not afforded  all  the
rights to which entitled  at  the  time  of  discharge.  We  conclude,
therefore,  that   the   discharge   proceedings   were   proper   and
characterization of the discharge  was  appropriate  to  the  existing
circumstances. We note that the applicant submitted some documentation
pertaining to his post-service activities; however, we do not find the
evidence provided sufficiently compelling to warrant the  approval  of
his request based on clemency. In view of the above we find  no  basis
to warrant favorable action on this application.

_________________________________________________________________





THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of a 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-
02390 in Executive Session on 7 December 2006, under the provisions of
AFI 36-2603:

                 Ms. BJ White-Olson, Panel Chair
                 Ms. Debra K. Walker, Member
                 Mr. Todd L. Schafer, Member

The following documentary evidence pertaining to Docket Number BC-2006-
02390 was considered:

      Exhibit A. DD Form 149, dated 17 Jul 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report, dated 13 Nov 06.
      Exhibit D. Letter, AFPC/DPPRS, dated 23 Aug 06.
      Exhibit E. Letter, SAF/MRBR, dated 22 Sep 06.






      BJ WHITE-OLSON
      Panel Chair

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