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AF | BCMR | CY2007 | BC-2007-004691
Original file (BC-2007-004691.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-00461
            INDEX CODE: 110.00
      XXXXXXX                     COUNSEL:  NONE

                                   HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 19 AUG 08

______________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded.

________________________________________________________________

APPLICANT CONTENDS THAT:

There were no errors with his  discharge;  however,  he  is  requesting  an
upgrade in order to be considered for a US  Postal  Service  position.   He
entered the Air Force at a young age and is ashamed of the lack of  respect
he had for the Air Force.  He now lives a different life and is  active  at
his church.

In support of his request, the applicant submits a personal statement.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 24 Feb 81.  On 2 Feb  82  he
was notified by his commander that he was  recommending  he  be  discharged
from the Air Force under  the  provisions  of  AFR  39-12,  Separation  for
Unsuitable, Misconduct, Resignation, or Request for Discharge for the  Good
of the Service and Procedures for the Rehabilitation Program (misconduct  –
frequent involvement of a discreditable nature), with an  UOTHC  discharge.
The specific reasons for this action were on 29  Apr  81,  he  received  an
Record of Counseling (ROC) for a security  violation;  on  30  Apr  81,  he
received an ROC for failure to perform assigned bay details; on 10 Sep  81,
he received an ROC for  failure  to  go  at  the  time  prescribed  to  his
appointed place of duty; on 15 Sep 81, he received an ROC for possession of
a dangerous weapon (numchucks); on 17  Sep  81,  he  received  an  ROC  for
sleeping in class; on 17 Sep 81, he received an Letter of  Reprimand  (LOR)
for failure to go at the prescribed time to his appointed place of duty; on
22 Sep 81, he was diagnosed as having passive and aggressive traits and was
responsible for his actions; on 23 Sep 81, he received an  Article  15  for
possession of a dangerous weapon (numchucks); on 6 Oct 81, he  received  an
ROC for being disrespectful to the night manager at the recreation  center;
on 6 Oct 81, he received an ROC  for  violation  of  dress  and  appearance
standards; on 6 Oct 81, he received an ROC for a security violation;  on  4
Nov 81, he received an ROC for violation of dress and appearance standards;
on 17 Nov 81, he received an ROC for failure to go at the  time  prescribed
to his appointed place of duty; on 17 Nov  81,  he  was  counseled  by  his
commander and received an Article 15 for possession of marijuana; on 30 Nov
81, he was eliminated from training pending an administrative discharge; on
3  Dec  81,  he  received  an  LOR  for  insubordinate  conduct  toward   a
noncommissioned officer; on 27 Jan 81, he received an Article 15 for  being
absent without authority. He acknowledged receipt and waived his right to a
hearing before an administrative discharge board and to  submit  statements
in his own behalf.  On 10 Mar 82, he was discharged from the Air Force with
service characterized as UOTHC.  He served a total of 1 year and 17 days of
active duty.

Pursuant to the Board’s  request,  the  Federal  Bureau  of  Investigation,
Washington, DC., provided an investigation report
Pertaining to the applicant.  A copy of the  report  was  provided  to  the
applicant for review and response within 30  days.   As  of  this  date  no
response has been received. (Exhibit C).

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states the  discharge  was  consistent
with  the  procedural  and  substantive  requirements  of   the   discharge
regulation.  In addition, the discharge was within the sound discretion  of
the discharge authority.  He did not submit any new  evidence  or  identify
any errors or injustices that occurred in his discharge processing.

The complete 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 9  Mar
07 for review and comment within 30 days.  As of this date, this office has
received no response (Exhibit E).

________________________________________________________________

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.   After  careful  consideration  of  the
available evidence, the Board found  no  indication  the  actions  taken  to
affect his discharge and characterization  of  his  service  were  improper,
contrary to the provisions of the governing regulations  in  effect  at  the
time, or based on factors other than his  own  misconduct.   Therefore,  the
Board agrees with the opinion and recommendation of the Air Force office  of
primary responsibility and adopt  its  rationale  as  the  basis  for  their
conclusion that the applicant has  not  been  the  victim  of  an  error  or
injustice.

________________________________________________________________

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 AFBCMR Docket Number BC-2007-
00461 in Executive Session on 12 Apr 07, under the provisions  of  AFI  36-
2603:

                 Ms. Kathy L. Boockholdt, Panel Chair
                 Mr. Patrick C. Daugherty, Member
                 Mr. Todd L. Schafer, Member

 The following documentary evidence pertaining to AFBCMR Docket Number  BC-
2007-00461 was considered:

      Exhibit A.  DD Form 149, dated 6 Feb 07, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  FBI Report, dated 6 Mar 07.
      Exhibit D.  Letter, AFPC/DPPRS, dated 26 Feb 07.
      Exhibit E.  Letter, SAF/MRBR, dated 9 Mar 07.





                                   KATHY L. BOOCKHOLDT
                                   Panel Chair


                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]

Office Of The Assistant Secretary


AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB MD 20762-7002

XXXXXXX
XXXXXXX
XXXXXXX

XXXXXXX

      Reference your application, AFBCMR BC-2007-00461 submitted under
the provisions of AFI 36-2603 (Section 1552, 10 USC).

      After careful consideration of your application and military
records, the Board determined that the evidence you presented did
not demonstrate the existence of material error or injustice.
Accordingly, the Board denied your application.

      You have the right to submit newly discovered relevant
evidence for consideration by the Board.  In the absence of such
additional evidence, a further review of your application is not
possible.

      BY DIRECTION OF THE PANEL CHAIR





                                                       GREGORY E.
JOHNSON
                                                             Chief
Examiner
                                                 Air Force Board
for Correction
                                                       of Military
Records

Attachment:
Record of Board Proceedings



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