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AF | BCMR | CY2007 | BC-2006-03919
Original file (BC-2006-03919.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03919
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 JUN 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

The general discharge he received was given in error and he desires that  it
be upgraded.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 2 May 1972 in  the  grade  of
airman basic and served as a musician in the Air Force Band.  The  applicant
was notified by his  commander  of  his  intent  to  recommend  that  he  be
discharged from the Air Force under the provisions of AFM 39-12, chapter  2,
section A, paragraph 2-4c - apathy,  defective  attitude  and  inability  to
expend effort constructively.  The specific reasons  for  this  action  were
that the applicant had been identified as a marijuana user and had not  been
enthusiastic in regard to rehabilitation efforts.  His duty performance  was
characterized as substandard coupled with  an  indifferent  attitude  as  to
military bearing and behavior.  He was advised of his rights in this  matter
and  acknowledged  receipt  of  the  notification.   After  consulting  with
counsel applicant waived his right to a  hearing  before  an  administrative
discharge board and elected not to submit statements on his own behalf.   In
a legal review of the case file, the assistant staff  judge  advocate  found
the case legally sufficient and recommended that he  be  discharged  without
probation and rehabilitation.  The discharge authority  concurred  with  the
recommendations  and  directed  that  he  be  discharged  with   a   general
discharge, without probation and rehabilitation.  Applicant  was  discharged
on 21 January 1974.  He served 1 year, 8 months and 20 days on active duty.

Pursuant to the Board's request, the Federal Bureau of Investigation  (FBI),
Clarksburg, West Virginia, provided an arrest record which is at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states 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.   Applicant
did not submit any evidence  or  identify  any  errors  or  injustices  that
occurred in the discharge processing.  He provided  no  facts  warranting  a
change.

The DPPRS complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 26 January 2007, the  evaluation  was  forwarded  to  the  applicant  for
review and comment within 30 days  (Exhibit  E).   As  of  this  date,  this
office has received no response.

On 9 February 2007, a copy of the FBI Investigation  was  forwarded  to  the
applicant for review and response within 30 days (Exhibit F).   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 an  error  or  injustice.   We  believe  responsible  officials
applied appropriate standards in effecting his separation, and do  not  find
persuasive evidence that pertinent regulations were  violated  or  that  the
applicant was not afforded all the rights to which entitled at the  time  of
discharge.   It  appears  the  discharge   proceedings   were   proper   and
characterization  of  the  discharge  was  appropriate   to   the   existing
circumstances.  Although the applicant did not specifically request  it,  we
considered upgrading his discharge based on clemency.  However,  noting  his
apparent misconduct following his discharge as indicated on the FBI  report,
we do  not  believe  a  recommendation  that  the  characterization  of  his
discharge be upgraded  on  that  basis  is  warranted.   Therefore,  in  the
absence of evidence  to  the  contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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 AFBCMR Docket Number  BC-2006-
03919 in Executive Session on 28 Mar 07, under the  provisions  of  AFI  36-
2603:

                 Mr. Jay H. Jordan, Panel Chair
                 Ms. Debra K. Walker, Member
                 Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 18 Dec 06, w/atch.
   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.
   Exhibit F.  Letter, SAF/MRBC, dated 9 Feb 07.




                 JAY H. JORDAN
                 Panel Chair

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