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AF | BCMR | CY2007 | BC-1985-00820
Original file (BC-1985-00820.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-1985-00820
                                        INDEX CODE:  110.02
                                        COUNSEL:  NONE
                                        HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  3 MAY 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable
and narrative reason  for  separation  be  removed  except  for  “voluntary
resignation.”
_________________________________________________________________

APPLICANT CONTENDS THAT:

His service record was excellent.  He received the Air  Force  Commendation
Medal and he was selected for junior officer of the month three times while
stationed at the Air University.  He was also selected to be the  Assistant
Debate Coach at the Air Force Academy and taught four sections of  English.


In support of his request, applicant provides a copy of his DD Form 214 and
copies of his Officer Effectiveness Reports for  the  period  beginning  15
July 1979 and ending 16 April 1983.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 12 May 1979, the applicant was appointed a second lieutenant Reserve  of
the Air Force and was voluntarily ordered  to  extended  active  duty.   He
served as an Air Force Academy Instructor of English.

On 11 February 1983, his commander initiated involuntary separation  action
against the applicant because investigation revealed that he  intentionally
misrepresented his educational qualification to wit:  that he was awarded a
Ph.D. which he submitted as part of his official record.   On  15  February
1983, after consulting with legal counsel, and in lieu of  further  action,
the applicant tendered his resignation as soon as possible.  The  Secretary
of the Air Force accepted his resignation and the applicant was  discharged
with a general discharge on 22 April 1983.  He served 3 years, 9 months and
8 days on active duty.
On 30 January 1985, the  Air  Force  Discharge  Review  Board  reviewed  and
denied the applicant’s request that his discharge be upgraded  to  honorable
and the reason for discharge be changed.

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

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial.   DPPRS  states   that   based   upon   the
documentation in the file, the discharge was consistent with the procedural
and substantive requirements of the discharge  regulation.   DPPRS  further
states that the applicant has not provided any new evidence  or  identified
any errors or injustices that occurred in the discharge processing.

The DPPRS complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was sent to the applicant on 26  January
2007 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.   After  careful  consideration  of  the
applicant’s request and the available evidence of  record,  to  include  the
Air Force Discharge Review Board action, we  see  no  evidence  which  would
warrant an upgrade of his characterization of service or change  the  reason
for discharge.  Other than his own assertions, the  applicant  has  provided
no evidence which would lead us to believe the information in his  discharge
case file is erroneous, that his substantial rights were violated,  or  that
his commanders abused their discretionary authority.  In view of  the  above
and in the absence of evidence to the contrary, we find no  basis  on  which
to favorably consider his request.
_________________________________________________________________
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-1985-00820
in Executive Session on 28 February 2007, under the provisions of  AFI  36-
2603:

            Mr. Jay H. Jordan, Panel Chair
            Mr. James A. Wolffe, Member
            Ms. Barbara R. Murray, Member

The following documentary evidence pertaining  to  Docket  Number  BC-1985-
00820 was considered:

    Exhibit A.  DD Form 149, undated, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 12 Jan 07.
    Exhibit D.  Letter, SAF/MRBC, dated 26 Jan 07.





                                   JAY H. JORDAN
                                   Panel Chair



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