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AF | BCMR | CY2006 | BC-2006-02793
Original file (BC-2006-02793.DOC) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-02793
                                             INDEX CODE:  110.02
      XXXXXXXXXXXXXXXXXXXX              COUNSEL:  NONE

                                        HEARING DESIRED:  NOT INDICATED


MANDATORY CASE COMPLETION DATE:  MAR 18, 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

His characterization of service be upgraded from under honorable  conditions
to honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was immature and away from home for the first  time.   He  contends  that
missile duty was boring.  He had never experienced peer pressure and  wanted
to fit in but, despite knowing there was a  history  of  alcoholism  in  his
family, he was too immature to realize he had to stay  away  from  guys  who
were drinking.  He regrets that he did not  listen  to  his  sergeants  when
they told him he had a problem with alcohol in that he  proceeded  to  drink
himself right out of a military career.  For the past 23 years  he  has  not
had anything to drink and has worked or been  in  school  pursuing  academic
goals.  In May 2005, he graduated from Western  Nebraska  Community  College
with an Associate of Occupational Studies degree in Information Technology.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 August 1980 for  a  period
of four years.

On 7 June  1983,  applicant  was  notified  of  his  commander's  intent  to
recommend him for an under  honorable  conditions  (general)  discharge  for
misconduct, specifically, his failure in the alcohol rehabilitation  program
and a pattern of misconduct prejudicial to good order and discipline.

The commander stated the  following  reasons  for  the  proposed  discharge:

        a. continued misconduct associated with  alcohol,  unwillingness  to
           cooperate in the alcohol rehabilitation program, and inability to
           maintain  successful  progress  in  the  alcohol   rehabilitation
           program which resulted in his being identified as  a  failure  in
           said program
        b. incapacitation for  the  proper  performance  of  duties  due  to
           previous overindulgence in intoxicating liquor
        c. writing of two personal  checks  in  the  amounts  of  $5.00  and
           $13.00, both of which were returned for insufficient funds
        d. writing of a personal check in the  amount  of  $9.25  which  was
           returned for insufficient funds
        e. writing of a personal check in the amount  of  $40.00  which  was
           returned for insufficient funds
        f. writing of a personal check in the  amount  of  $5.65  which  was
           returned for insufficient funds
        g. writing of a personal check in the  amount  of  $5.00  which  was
           returned for insufficient funds
        h. twice failing to maintain his dormitory room in  accordance  with
           prescribed standards
        i. failure to attend a scheduled pre-departure briefing

The commander advised applicant of  his  right  to  consult  legal  counsel,
submit statements in his  own  behalf,  or  waive  the  above  rights  after
consulting with counsel.

On 8 June 1983, after consulting with counsel, applicant  waived  his  right
to submit statements in his own behalf.

A legal review was conducted on 22 June  1983,  in  which  the  staff  judge
advocate recommended applicant be discharged for misconduct with  a  general
discharge characterization.

A resume of applicant's performance reports follows:

      PERIOD ENDING                     OVERALL EVALUATION

       6 Jun 1983                       7
      19 Dec 1982                       8
      12 May 1982                       8
      12 Aug 1981                       7

Applicant was discharged on 28 June 1983 in the grade of Airman (E-2),  with
an under honorable conditions discharge,   in  accordance  with  AFR  39-10,
paragraphs  5-47b  and  5-32,  for  misconduct  –  pattern   of   misconduct
prejudicial to good order and discipline.  He served a total of  two  years,
10 months, and 16 days.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, indicated that on the basis  of  the  data  furnished,  they
were unable to locate an arrest record (Exhibit C).

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial, stating the discharge was consistent with  the
procedural and substantive requirements of  the  discharge  regulation,  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, and that he provided no facts warranting a  change
to his general discharge.

The AFPC/DPPRS evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  13
October 2006, for review and comment within 30 days.  However,  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.  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.

4.  We also find insufficient evidence to warrant  a  recommendation  that
the discharge be upgraded on the basis of clemency.   We  have  considered
applicant's overall quality of service, the events which precipitated  the
discharge, and available evidence related to post-service  activities  and
accomplishments.  Based on the evidence of record, we cannot conclude that
clemency is warranted. Applicant has not provided  sufficient  information
of post-service activities and accomplishments for  us  to  conclude  that
applicant has overcome the behavioral traits which caused  the  discharge.
Should  applicant  provide   statements   from   community   leaders   and
acquaintances attesting to applicant's good character and  reputation  and
other evidence of successful post-service rehabilitation, this Board  will
reconsider this case based on  the  new  evidence.   We  cannot,  however,
recommend approval based on the current evidence of record.

________________________________________________________________

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-2006-02793
in Executive Session on 30 November 2006, under the provisions  of  AFI  36-
2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Ms. LeLoy W. Cottrell, Member
                       Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Mar 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, US DOJ FBI, dated 11 Oct 06.
    Exhibit D.  Letter, AFPC/DPPRS, dated 2 Oct 06.
    Exhibit E.  Letter, SAF/MRBR, dated 13 Oct 06.




                                   WAYNE R. GRACIE
                                   Panel Chair

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