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AF | BCMR | CY2007 | BC-2007-00321
Original file (BC-2007-00321.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00321
            INDEX CODE:  110.02
            COUNSEL:  NOT INDICATED

            HEARING DESIRED:  NOT INDICATED


MANDATORY CASE COMPLETION DATE:  4 AUG 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had a drinking problem while he was on active duty.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
3 March 1983, for a term of 4 years.  On 30 July 1985,  his  commander
notified him he was recommending he be discharged from the  Air  Force
for misconduct-pattern of minor disciplinary infractions.   The  basis
for the commander’s recommendation  was  that  on  30  July  1983,  he
received a Letter of Counseling (LOC) for failure to go; on 3 December
1983, he received an Article 15 for driving while intoxicated;  on  14
April 1984, he received an Article 15 for intent to deceive; on 5  May
1984, he  received  a  LOC  for  failure  to  maintain  standards;  on
28 September 1984, his  supervisor  provided  a  statement  concerning
failure to go; on 20 October 1984,  he  received  an  Article  15  for
sleeping on duty; on 17  November  1984,  his  supervisor  provided  a
statement concerning failure to go and on 16 January 1985, he received
an Article 15 for failure to  go.   He  acknowledged  receipt  of  the
notification of discharge, and after consulting with counsel he waived
his right to submit statements in his own behalf.

The discharge case was reviewed by the base legal office and found  to
be legally sufficient to  support  discharge  and  recommended  he  be
discharged with a general (under honorable conditions) discharge.  The
discharge  authority  approved  the  separation  and   directed   that
applicant be discharged with a general  (under  honorable  conditions)
discharge without probation and rehabilitation.

Applicant was separated on 6 March 1985, under the  provisions  of AFR
39-10, Administrative Separation of Airmen, for (misconduct-pattern of
minor  disciplinary  infractions)  with  a  general  (under  honorable
conditions) discharge.

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.  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.  The applicant did not submit any evidence or identify  any
errors or injustices that occurred in the  discharge  processing,  nor
did he provide any facts warranting a change  to  his  general  (under
honorable conditions) discharge.

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
16 February 2007, for review and comment within 30 days.  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 error or injustice.  The discharge appears to  be  in
compliance with the governing regulation, and we find no  evidence  to
indicate  his  separation  from  the  Air  Force  was   inappropriate.
Further, we  find  no  evidence  of  error  in  this  case  and  after
thoroughly reviewing the evidence of record, we do not believe he  has
suffered from an injustice.   The  only  other  basis  upon  which  to
upgrade his discharge would be clemency.  Based  on  the  evidence  of
record, we cannot conclude that clemency is warranted.   Moreover,  it
appears that he has not overcome the behavior traits which caused  the
discharge based on the report provided by the FBI.   Therefore,  based
on the 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-2007-
00321 in Executive Session on 19 April 2007, under the  provisions  of
AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Maureen B. Higgins, Member
                 Mr. James A. Wolffe, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 29 Jan 07.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Response, dated 15 February 07.
      Exhibit D. Letter, AFPC/DPPRS, dated 9 Feb 07.
      Exhibit E. Letter, SAF/MRBR, dated 16 Feb 07.




      THOMAS S. MARKIEWICZ
      Chair

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