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AF | BCMR | CY2006 | BC-2006-02714
Original file (BC-2006-02714.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-02714
            INDEX CODE:  110.02
            COUNSEL:  None
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Mar 11, 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

The applicant  submitted  two  applications.   On  the  first  request,  the
applicant is  requesting  that  his  general  (under  honorable  conditions)
discharge be upgraded  to  honorable  and  if  that  is  not  possible,  the
applicant is  requesting  to  have  his  separation  and  reenlistment  code
changed.  His second request, which was a request  for  the  Korean  Defense
Service Medal, has been administratively corrected.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The applicant was unable to provided supporting  documentation.   He  stated
it has been over 15 years and most, if not all pertaining documentation  has
been lost with the exception of his DD Form 214.

The applicant's complete submission is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force 14 Oct 1976.   At  the  time
of discharge notification, the member had 12 years, 7 months,  and  13  days
total active  military  service.   The  applicant  submitted  a  conditional
waiver requesting nothing less than a general discharge.   His  request  was
accepted and he was discharged 26 May 1989  with  a  general  discharge  for
misconduct--pattern of discreditable involvement with military  or  civilian
authorities.  The applicant’s misconduct leading up to discharge included:

        a. Three instances of returned checks for insufficient funds.
        b. Failure to report to work in the prescribed uniform.
        c. Failure to follow prescribed procedures for  assigning  billeting
           assignments.
        d. Dereliction of duty and maltreatment of an airman subject to  his
           orders.
Previous enlistment misconduct included:

        a. Counseling for being returned  to  Food  Service  from  Billeting
           because of unsatisfactory duty performance.
        b. Prior unsatisfactory duty performance in Food Service.
        c. An Article 15 for wrongfully throwing a full beer  bottle  across
           the  room  of  the  Scandal  Club  and  resisted  being  lawfully
           apprehended.
        d. An Article 15 for  willfully  damaging  a  fire  extinguisher  by
           throwing it down a hallway and willfully  damaging  an  emergency
           light by pulling the emergency light assembly out of its  socket.



Pursuant  to  the  Board’s  request,  the  FBI  provided  a   copy   of   an
Investigative Report, Number 4984398, which is at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  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.  He provided no facts warranting an upgrade  of
his under honorable conditions (general) discharge.

The AFPC/DPPRS complete evaluation, with attachments 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
October 2006 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   After  careful  consideration  of  the
applicant’s request and the available evidence of record, we  have  seen  no
evidence indicating that the former  member  was  improperly  discharged  or
that an upgrade  of  his  service  characterization  and  a  change  in  his
reenlistment code is warranted.  Accordingly,  the  applicant’s  request  is
not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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-2006-02714
in Executive Session on 21 Nov 06, under the provisions of AFI 36-2603:

            Mr. Michael J. Novel, Panel Chair
            Ms. Patricia R. Collins, Member
            Ms. Teri G. Spoutz, Member


The following documentary evidence pertaining to Docket Number BC-2006-
02714 was considered:

      Exhibit A.  DD Forms 149 (2), both dated 24 Aug 06.
            Exhibit B.  Applicant's Master Personnel Records.
            Exhibit C.  FBI Report #4984398
            Exhibit D.  Letter, AFPC/DPPRS, dated 26 Sep 06
            Exhibit E.  Letter, SAF/MRBR, dated 13 Oct 06.




                                   MICHAEL J. NOVEL
                                   Panel Chair


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