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AF | BCMR | CY2007 | BC-2006-03606
Original file (BC-2006-03606.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2006-
03606
                                             INDEX CODE:  110.00

                                             COUNSEL:  NONE
                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  21 MAY 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

An honorable discharge looks better on his resume.

In support of his request, applicant provided a copy of his DD Form
214, Certificate of Release or Discharge from Active Duty.

The applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 24 Feb 82, for a
period of four years in the grade of airman basic.  On 22  Mar  84,
his squadron commander notified him that he  was  recommending  his
discharge from the Air Force for  minor  disciplinary  infractions.
The commander also recommended that the applicant receive a general
discharge.

The minor disciplinary  infractions  included  an  Article  15  for
failure to go, seven letters of  reprimand,  and  four  letters  of
counseling.  The reprimands and counseling’s were  for  being  late
for duty (6), nonpayment of debts (2), speeding, being involved  in
a domestic disturbance, and not carrying out assigned duties.

Applicant acknowledged receipt of  the  notification  of  discharge
and, waived his right to consult legal and to submit statements  in
his own behalf.

The Staff Judge Advocate  reviewed  the  case  file  and  found  it
legally sufficient to support discharge and  recommended  an  under
honorable conditions  (general)  discharge  without  probation  and
rehabilitation.  The discharge authority  approved  the  separation
and directed an  under  honorable  conditions  (general)  discharge
without probation and rehabilitation.

Applicant was discharged on 10 May 84, in the grade of airman first
class (E-3), under the provisions of AFR 39-10,  Misconduct-Pattern
of Minor Disciplinary Infractions, and received an under  honorable
conditions (general) discharge.   He  served  on  active  duty  for
2 years, 2 months, 17 days.

Pursuant to the request of the Board on  11  Dec  06,  the  Federal
Bureau of Investigation, Clarksburg, WV, indicated on  12  Dec  06,
that, on the basis of data furnished, they are unable to locate  an
arrest record (Exhibit C).

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied, and states,  in
part, 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.
Additionally, the applicant provided no facts warranting  a  change
to his character of service.

A complete copy of the DPPRS evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 Dec 06, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and comment within 30 days.   To  date,  a
response has not been received.

___________________________________________________________________

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 available evidence, the discharge  appears  to
be in compliance with the governing regulations in  effect  at  the
time and we find no  evidence  to  indicate  that  the  applicant’s
separation from the  Air  Force  was  inappropriate.   We  find  no
evidence of error in this case and after thoroughly  reviewing  the
documentation that has been submitted  in  support  of  applicant’s
appeal, we do  not  believe  he  has  suffered  from  an  error  or
injustice.  Therefore, based on the available evidence  of  record,
we find no basis upon which to favorably consider 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 Docket Number BC-2006-
03606 in Executive Session on 18 January 2007, under the provisions
of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Teri G. Spoutz, Member
      Ms. Mary C. Puckett, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Nov 06, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFPC/DPPRS, dated 1 Dec 06.
    Exhibit E.  Letter, SAF/MRBR, dated 15 Dec 06.





                                       MICHAEL K. GALLOGLY


                                       Panel Chair


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