RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-04120
		INDEX CODE:  110.02
	XXXXXXXXXXXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His uncharacterized discharge be upgraded to a honorable 
discharge.

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APPLICANT CONTENDS THAT:

He was not mature at the time of his entry into the military and 
did not adapt well to military life.  He has had no misconduct 
since his discharge and feels that his successful career 
accomplishments to date would be better served if his discharge 
was upgraded.  

In support of his appeal, the applicant provided a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, college transcripts, and a Computer Learning Center 
completion certificate.  

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

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STATEMENT OF FACTS:

On 16 October 1984, the applicant enlisted in the Regular Air 
Force at the age of 19 in the grade of airman basic (E-1) for a 
period of four years.  

On 15 January 1985, the applicant was counseled for reading non-
technical material during normal class time.  On 16 January 
1985, he was reprimanded for the same behavior and for 
displaying a lack of improper behavior and a disregard for 
authority when questioned about his action.  In addition, he was 
counseled for sitting in the back of the classroom after being 
told to sit in the front, for sexually harassing another airman, 
and for failing five progress checks in Block II.  On 17 January 
1985, he was counseled for failing progress check 4c twice.  On 
22 January 1985, he was counseled for failing five progress 
checks.  He was counseled on 4 and 5 February 1985 for failing 
objective 3h twice and for numerous progress check failures. 

On 15 February 1985, the applicant was referred to the Human 
Development Center for evaluation.  Their diagnosis included DSM 
III Axis I, B62.81, Other Interpersonal Problem; DSM III Axis I, 
V62.20, Occupational Problem; and DSM III, Axis II, Paranoid 
Personality Traits.  

On 25 February 1985, the applicant was counseled for sleeping in 
class.  On 26 February 1985, the applicant was counseled 
concerning his course average, and assigned to supervised study.  
He was given remedial training for failing to update his locator 
card as required.  On 28 February 1985, he was reprimanded for 
sleeping in class.  On 1 March 1985, he was counseled for low 
grades.  On 7 March 1985, he was counseled about his squadron 
commander’s intent to recommend him for separation from the Air 
Force.  On 8 March 1985, he was counseled for failing to obey a 
direct order on 6 March 1985.  He was reprimanded on 8 March 
1985 for the same.  

On 15 March 1985, his commander notified the applicant of his 
intent to recommend him for discharge for entry level 
performance and conduct under the authority of AFR 39-10, 
paragraph 5-22.  On 20 March 1985, the applicant acknowledged 
receipt of the notification, consulted counsel, and waived his 
right to submit statements in his own behalf.  On 22 March 1985, 
the discharge authority approved the applicant’s discharge and 
directed he be furnished an entry-level separation without the 
opportunity to participate in a program of probation and 
rehabilitation.  

On 25 March 1985, the applicant was released from active duty 
with an entry level separation with a narrative reason for 
separation of Entry Level Performance and Conduct and an 
uncharacterized discharge.  He was credited with five months and 
ten days of active duty.  

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI), Clarksburg, WV, provided a copy of an 
Investigation Report pertaining to the applicant.  On 30 January 
2008, a copy of the FBI report was forwarded to the applicant 
for review and comment within 30 days (Exhibit C).  As of this 
date, no response has been received by this office.  

On 30 January 2007, the applicant was given the opportunity to 
submit comments about his post service activities (Exhibit D).  
As of this date, this office has received no response.  

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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 find no evidence of an error or injustice 
that occurred in the discharge processing.  Based on the 
available evidence of record, it appears the discharge was 
consistent with the substantive requirements of the discharge 
regulation and within the commander's discretionary authority.  
The applicant has provided no evidence which would lead us to 
believe the characterization of the service was contrary to the 
provisions of the governing regulation, unduly harsh, or 
disproportionate to the offenses committed.  We considered 
upgrading the discharge based on clemency; however, we do not 
find the evidence presented is sufficient to compel us to 
recommend granting the relief sought on that basis.  Therefore, 
in the absence of evidence to the contrary, we find no basis 
upon which to recommend granting the relief sought.

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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.

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The following members of the Board considered this application 
in Executive Session on 20 March 2008, under the provisions of 
AFI 36-2603:

			XXXXXXXXXXXXXX, Panel Chair
			XXXXXXXXXXXXXX, Member
			XXXXXXXXXXXXXX, Member

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2007-04120:

	Exhibit A.  DD Form 149, dated 3 Dec 07, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 30 Jan 08, w/FBI Report.
	Exhibit D.  Letter, AFBCMR, dated 30 Jan 08, w/atch.




						XXXXXXXXXXXXXXX
						Panel Chair