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AF | BCMR | CY2007 | BC-2007-00797
Original file (BC-2007-00797.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00797
      INDEX CODE:  110.00
      COUNSEL:  NONE

      HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  16 AUGUST 2008

________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

He provided 12 years and 9 months  of  military  service.   He  requested  a
homeowner’s tax credit.  He was advised by  his  city  tax  office  that  in
order to qualify for this credit, he must have an honorable discharge.

In support of his application, the applicant submits a copy of his  DD  214.
The applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s discharge  case  file  is  not  a  matter  of  record.   The
following information was extracted from the remaining documentation in  the
applicant’s military personnel records.

The applicant received Article 15 action for the following offenses  and  on
the dates indicated:

      Failure to go, 27 Sep 84, (Reduced to grade of Sgt (suspended))
      Failure to go, 30 Apr 85(Reduced to grade of Sergeant)
      Dereliction of duty, 15 Apr 86 (Reduced to grade  of  airman     first
class and forfeiture of $412.00 for one month)

A resume of his Airman Performance Reports (APRs) follows:

      Closeout Date    Overall Evaluation

      12 Sep 74        5
      14 Apr 75        9
      15 Sep 75        9
      15 Sep 76        9
      28 Feb 77        9
      28 Feb 78        9
       8 Dec 79        9
       8 Dec 80        8
      29 Nov 81        9
      20 Nov 82        9
       2 Jul 83        9
       2 Jul 84        9
      *2 Jul 85        8

*Referral report.

On  27  May  86,  the  applicant  was  issued  a  general  (under  honorable
conditions) discharge for misconduct and a  pattern  of  minor  disciplinary
infractions.  He served 12 years, 11 months and 8 days on active duty.

In response to the Board’s request, the FBI indicated they  were  unable  to
identify with an arrest record pertaining to the applicant on the  basis  of
information furnished(Exhibit C).

________________________________________________________________

AIR FORCE EVALUATION:

None.  The applicant has not shown the  characterization  of  his  discharge
was  contrary  to  the  provisions  of   AFR   39-10,   Minor   Disciplinary
Infractions, (attached as Exhibit D).  Nor has he shown the  nature  of  the
discharge was unduly harsh or disproportionate to  the  offenses  committed.
Notwithstanding the absence  of  error  or  injustice,  the  Board  has  the
prerogative to grant relief on the basis of clemency if so inclined.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 Apr 07, the applicant was invited to submit information pertaining  to
his post-service activities.  To date, we have not received  a  response  to
our request (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.   After  careful  consideration  of  the
available evidence, we  find  no  impropriety  in  the  characterization  of
applicant’s  discharge.   It  appears  that  responsible  officials  applied
appropriate standards in effecting  the  separation,  and  we  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.  We conclude, therefore,  that  the  discharge  proceedings  were
proper  and  characterization  of  the  discharge  was  appropriate  to  the
existing circumstances.  We would like to point out that the  applicant  has
not provided documentation pertaining to his post  service  activities.   In
view of the contents of the FBI Identification Record, we are not  persuaded
that the characterization of the applicant’s discharge warrants  an  upgrade
to general on the basis of clemency; thus,  we  find  no  basis  to  warrant
favorable action on 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 this application in  Executive
Session on 28 June 2007, under the provisions of AFI 36-2603:

               Ms. B. J. White-Olson, Panel Chair
               Ms. Mary C. Puckett, Member
               Ms. Renee M. Collier, Member

The following documentary evidence was considered in AFBCMR BC-2007-00797:

    Exhibit A.  DD Form 149, dated 10 Mar 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Extract, AFM 39-10.
    Exhibit E.  Letter, AFBCMR, dated 20 Apr 07.




                                   B. J. WHITE-OLSON
                                   Panel Chair

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