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AF | BCMR | CY2007 | BC-2007-00537
Original file (BC-2007-00537.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00537
      INDEX CODE:  110.00
      COUNSEL:  NONE

      HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  26 AUGUST 2008

________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

He was discriminated against by his squadron commander.  He  never  received
an Article 15. He was discharged because he was put on extended  light  duty
for an injury he received off base while on active duty.   His  service  was
honorable and he should be given an honorable discharge.

No supporting documents submitted.

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 18 Jan 82.

On 14 Jan 85, the applicant’s squadron commander notified him  that  he  was
recommending his discharge from the Air Force for a  pattern  of  misconduct
in accordance  with  AFR  39-10,  Paragraph  5-47a.   The  reasons  for  the
commander’s actions were:

      a.  Wrongful use of marijuana during the month of Jan  83.   Applicant
received a letter of Reprimand (LOR) on 3 May 83.

      b.  Failure to report for duty on 20 Sep  84.   Applicant  received  a
letter of reprimand on 26 Sep 84.

      c.  Failure to go at the  time  prescribed  on  or  about  14 Nov  84.
Applicant received an Article 15 by where he was reduced  to  the  grade  of
airman and ordered to perform 30 days extra duty.

The applicant acknowledged receipt on  18  Jan  85,  consulted  counsel  and
submitted a statement in his behalf.  The Staff  Judge  Advocate  found  the
discharge case legally sufficient.  On 8 Feb 85, the  Base  Group  Commander
approved  the  recommended  separation  and  directed   the   applicant   be
discharged for the reasons recommended by his commander, without  the  offer
of  probation  and  rehabilitation.   On  13  Feb  85,  the  applicant   was
discharged with  a  general  (under  honorable  conditions)  discharge.   He
served 2 years and 26 days on active duty.

On 13 Mar 97, the Air Force  Review  Boards  Agency  disapproved  a  similar
request by the applicant.

Pursuant to the Board’s request, the Federal Bureau of Investigation  (FBI),
Clarksburg, West Virginia,  provided  a  copy  of  an  investigative  report
pertaining to the former member (Identification Record No. 3946X5)  (Exhibit
C).

________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  states  that   based   on   the
documentation on file in  the  applicant’s  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.  Additionally, the applicant  did  not  submit  any
evidence  or  identify  any  errors  or  injustices  that  occurred  in  the
discharge processing, and he provided no facts warranting an upgrade of  his
discharge.

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.  A copy  of  the  FBI  report  was
forwarded to the applicant on 19 Mar 07.  As of this date, this  office  has
received no response to the aforementioned correspondence (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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for the conclusion  that
the applicant has not been the victim of an error or injustice.   Therefore,
in the absence of evidence to the contrary, we find 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 probable 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 this application in  Executive
Session on 2 May 2007, under the provisions of AFI 36-2603:

               Mr. James W. Russell, III, Panel Chair
               Ms. Mary C. Puckett, Member
               Mr. Clarence R. Anderegg, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2007-00537:

     Exhibit A.  DD Form 149, dated 13 Feb 07 w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  FBI Report.
     Exhibit D.  Letter, HQ AFPC/DPPRS, dated 1 Mar 07.
     Exhibit E.  Letter, SAF/MRBR, dated 9 Mar 07.




                                  JAMES W. RUSSELL, III
                                  Panel Chair

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