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AF | BCMR | CY2007 | BC-2006-03274
Original file (BC-2006-03274.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03274
            INDEX CODE:  110.02

XXXXXXX     COUNSEL:  NONE

            HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  28 APRIL 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

Applicant did not make any contentions.

His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 15 August 1968,  in
the grade of airman basic.

On 8 May 1971, his commander notified him that he was recommending  he
be discharged from the Air Force under the provisions  of  AFM  39-12,
Separation for Unsuitability, Misconduct, Resignation, or Request  for
Discharge  for  the  Good  of   the   Service   and   Procedures   for
Rehabilitation Program (unfitness – drug  addition),  with  a  general
discharge.  The basis for this action was on or about 3 March 1988  he
received an Article 15 for failure  to  repair.   On  8  May  1971  he
received another Article 15 for unlawful possession of heroin.

The  applicant  was  advised  of  his  rights  in  the   matter.    He
acknowledged receipt of the notification, and waived his  right  to  a
hearing before an  administrative  discharge  board  and  submitted  a
statement in his own behalf.

The discharge authority approved the separation  and  directed  he  be
separated with a general discharge.  He was  separated  from  the  Air
Force on 15 June 1971.

He served a total of 2 years, 10 months and 14 days on active duty.
Pursuant to the Board’s request, the Federal Bureau  of  Investigation
provided an investigation report pertaining to the applicant.  A  copy
of the report was provided to the applicant on 15 Dec  06  for  review
and response within 14 days.  As of this  date no  response  has  been
received. (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial.    DPPRS   states   based   upon   the
documentation in  the  master  personnel  records  the  discharge  was
consistent with the procedural and  substantive  requirements  of  the
discharge  manual.   Additionally,  the  discharge  was   within   the
discretion of the discharge authority.

The applicant did not submit any new evidence or identify  any  errors
or injustices that occurred in  the  discharge  process;  nor  did  he
provide any facts warranting a change to his character of service.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
17 November 2006, for review and comment 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 an  error  or  injustice  to  warrant  upgrading  his
(general)  under  honorable  conditions  discharge  to  an   honorable
discharge.  We took notice of the applicant’s complete  submission  in
judging the merits of the case, however; we agree with the opinion and
recommendation of the Air Force office of primary  responsibility  and
adopt its rationale as the basis for our conclusion that the applicant
has not been the victim of an error or injustice.  Therefore,  in  the
absence of evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

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  BC-2006-03274  in  Executive
Session on 23 January 2007, under the provisions of AFI 36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Ms. Judith B. Oliva, Member
                 Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 October 2006.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report, dated 5 September 2006.
    Exhibit D.  AFPC/DPPRS Letter, dated 7 November 2006.
    Exhibit E.  Letter, SAF/MRBR, dated 17 November 2006.




            CHARLENE M. BRADLEY
            Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]

Office Of The Assistant Secretary

AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD 20762-7002

 XXXXXXX
XXXXXXX
XXXXXXX

XXXXXXX

      Your application to the Air Force Board for Correction of
Military Records, AFBCMR Docket Number BC-2006-03274, has been
finalized.

      The majority of the Board determined that the military records
should be corrected as set forth in the attached copy of a Memorandum
for the Chief of Staff United States Air Force.  The office
responsible for making the correction(s) will inform you when your
records have been changed.

      After correction, the records will be reviewed to determine if
you are entitled to any monetary benefits as a result of the
correction of records.  This determination is made by the Defense
Finance and Accounting Service (DFAS-DE), Denver, Colorado, and
involves the assembly and careful checking of finance records.  It may
also be necessary for the DFAS-DE to communicate directly with you to
obtain additional information to ensure the proper settlement of your
claim.   Because of the number and complexity of claims workload, you
should expect some delay.  We assure you, however, that every effort
will be made to conclude this matter at the earliest practical date.


           Sincerely





          GREGORY E. JOHNSON

          Chief Examiner

          Air Force Board for Correction

          of Military Records
Attachments:
1.  Record of Proceedings
2.  Copy of Directive

cc: DFAS-DE


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