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AF | BCMR | CY2007 | BC-2006-03790
Original file (BC-2006-03790.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-03790
            INDEX CODE:  110.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  5 JULY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was given a general discharge by error.

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, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 7 Mar 85,  for  a  period
of four years in the grade of airman basic.  On  20  May  87,  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  two  Article  15’s,  one  for
driving while intoxicated,  and  one  for  failure  to  go;  one  letter  of
reprimand, for failure to go; and three letters of counseling,  for  failure
to go.

On 20  May  87,  applicant  acknowledged  receipt  of  the  notification  of
discharge and failed to return the results of his Area  Defense  Counseling.


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.   On  2
Jun 87, the discharge authority approved  the  separation  and  directed  an
under  honorable  conditions  (general)  discharge  without  probation   and
rehabilitation.

Applicant was discharged on 12 Jun 87, in the grade of airman  basic  (E-1),
under  the  provisions  of  AFR  39-10,  for  Misconduct-Pattern  of   Minor
Disciplinary  Infractions,  and  received  an  under  honorable   conditions
(general) discharge.  He served on active duty for two years, three  months,
and six days.

Pursuant to the Board’s  request  on  24  Jan  07,  the  Federal  Bureau  of
Investigation,  Clarksburg,  West  Virginia,   provided   a   copy   of   an
investigation report, which is attached at 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  under  honorable
conditions (general) discharge.

The DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 26 Jan 07, 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.

On 2 Feb 07, a copy of the FBI Report of Investigation was forwarded to  the
applicant for review and comment (Exhibit F).  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  review  of  the  available
records, the applicant’s discharge appears to  be  in  compliance  with  the
governing  regulation  and  we  find  no  evidence  to  indicate  that   his
separation from the Air Force was inappropriate.  In addition,  in  view  of
the contents of the FBI Report of Investigation, we are not  persuaded  that
an upgrade of the characterization of applicant’s discharge is warranted  on
the basis of clemency.   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-
03790 in Executive Session on 7 March 2007, under the provisions of AFI  36-
2603:

      Ms. Cathlynn B. Novel, Panel Chair
      Ms. Dee R. Reardon, Member
      Mr. Jeffery R. Shelton, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
03790 was considered:

    Exhibit A.  DD Form 149, dated 19 Dec 06, w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFPC/DPPRS, dated 10 Jan 07.
      Exhibit E.  Letter, SAF/MRBR, dated 26 Jan 07.



                                             CATHLYNN B. NOVEL
                                             Panel Chair



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