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AF | BCMR | CY2007 | BC-2007-00090
Original file (BC-2007-00090.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00090
            INDEX CODE:  110.02

            COUNSEL: NONE


            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  14 JUL 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded  to  an
honorable discharge and his  reenlistment  eligibility  (RE)  code  be
changed to allow reentry into the military.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Over 16 years has elapsed since his discharge  and  he  would  like  a
second chance to serve his country.  He provided a document stating he
recently became an active member of the Missouri Army  National  Guard
and hopes this information will  aid  in  his  efforts  to  obtain  an
upgrade to his discharge.

In support of his request, the applicant submits DA  Form  7223,  Base
System Civilian Evaluation Report, two character reference letters and
DD Form 4/2, Certification and Acceptance.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
15 September 1988, for a term of four years.

On 8 June 1990, the applicant was notified by his  commander  that  he
was  recommending  he  be  discharged   from   the   Air   Force   for
unsatisfactory  performance  (failure  to  perform   assigned   duties
properly).  The bases for the action was on 16 June 1989, he  received
a Letter of Counseling (LOC)  for  reporting  late  for  duty  at  the
Command Post; on 23 June 1989, he received a LOC for  exhibiting  poor
military bearing and behavior while dealing with another airman at the
Operations  Desk,  inattentive  at  work,  exhibiting  improper  phone
etiquette and falling asleep on the job; on 19 July 1989, he  received
a Letter of Reprimand for failure  to  perform  a  security  check  on
building  330  or  check  the  security  container  containing  COMSEC
material; on or about 14 August 1989, he  violated  a  lawful  general
regulation by wrongfully leaving confidential material  unsecured  and
received an Article 15; on 1 December 1989,  he  received  a  LOC  for
failure to report to  an  assigned  detail  at  the  prescribed  time.
Subsequently, he was  counseled  by  a  commissioned  officer  on  his
failure to check on a “Have Quick Frequency” that  such  officer  felt
was incorrect.  He assured the officer that the frequency was  correct
without double-checking.  In fact, the frequency  was  incorrect.   In
addition, he had continuing difficulties making sure that  information
entered on AFTO Forms 781, Sortie/Hour Recap Sheet, were  correct;  on
22 March 1990, he received a LOC for failure to perform  his  assigned
duties properly and on 26 April 1990, he received a LOC for displaying
a lack of knowledge in performing his assigned duties by  not  knowing
what needed to be done in his work area.

He was advised of his rights in this matter, waived his right to  seek
counsel and submitted statements in his  own  behalf.   The  discharge
authority approved the  discharge  and  directed  an  under  honorable
conditions (general) discharge without probation  and  rehabilitation.
On 8 June 1990, he was discharged  with  a  general  (under  honorable
conditions)  discharge,   under   the   provisions   of   AFR   39-10,
Administrative Separation of Airmen, (unsatisfactory performance) with
a general discharge.  He received an  RE  code  of  2B  “Involuntarily
separated with a  general  or  under  other-than-honorable  conditions
discharge.”  He served 1 year, 8  months  and  24  days  total  active
service.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, provided a copy of an Investigation Report  pertaining
to the applicant, which is at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based upon  the  documentation  in  the
file, the discharge was consistent with the procedural and substantive
requirements of the  discharge  regulation.   The  applicant  did  not
submit any new evidence or identify  any  errors  or  injustices  that
occurred in the discharge processing.  He provided no facts warranting
a change to his under honorable conditions (general) discharge or  his
reenlistment eligibility code.

The DPPRS 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 2
February 2007, for review and comment within  30  days.   As  of  this
date, no response has been received by this office.

A copy of the FBI Report was provided for review and  response  within
14 days and to date no response has been received. (Exhibit F)

_________________________________________________________________

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  changing  his
narrative reason  for  separation  or  his  reenlistment  eligibility.
After careful consideration of the available evidence, the Board found
no indication that the actions taken  to  affect  his  discharge  were
improper or contrary to the provisions of the governing regulations at
the time, or that the actions taken against the applicant were unjust.
 Therefore, the Board agrees with the opinions and recommendations  of
the  Air  Force  office  of  primary  responsibility  and  adopts  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, the Board finds 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 Docket  Number  BC-2007-
00090 in Executive Session on 24 May 2007, under the provisions of AFI
36-2603:

                 Ms. B.J. White-Olson, Panel Chair
                 Mr. Mark J. Novitski, Member
                 Ms. Glenda H. Scheiner, Member

The Board  recommended  denial  of  the  application.   The  following
documentary evidence was considered:

      Exhibit A. DD Form 149, dated 5 Jan 07, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report, dated 6 Feb 07.
      Exhibit D. Memo, AFPC/DPPRS, dated 23 Jan 07.
      Exhibit E. Letter, SAF/MRBR, dated 2 Feb 07.
      Exhibit F. Letter, AFBCMR, dated 22 Mar 07, w/atch.
      Exhibit G. Letter, AFBCMR, dated 4 Apr 07, w/atch.




      B.J. WHITE-OLSON
      Panel Chair

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