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AF | BCMR | CY2007 | BC-2007-00937
Original file (BC-2007-00937.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00937
            INDEX CODE:  110.02
      XXXXXXXXXXXXXX   COUNSEL:  None
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 29 September 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He  never  received  legal  counsel  for  his  discharge  and  believes  his
discharge was too harsh.  He  admits  he  received  a  Letter  of  Reprimand
(LOR); however, he was never demoted and he received a good  conduct  medal.


In support of his request, applicant provided a copy of  his  DD  Form  214,
Certificate of Release or discharge From  Active  Duty,  and  DD  form  293,
Application for the Review of Discharge or Dismissal from the  Armed  Forces
of the United States.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to the DD Form 214 submitted by the applicant, he enlisted in  the
Air Force at the age of 20 on 27 February 1987 for a period  of  six  years.
On 7 January 1992, the  applicant  was  discharged  with  a  general  (under
honorable conditions) discharge with a narrative reason  for  separation  of
“Misconduct – Pattern Conduct Prejudicial to  Good  Order  and  discipline.”
He served for a period of 4 years, 10 months, and 11 days.

No other military service records can be located; therefore,  an  Air  Force
advisory opinion was unable to  be  accomplished.   The  applicant  did  not
submit information surrounding his discharge.

Pursuant to the Board’s request, the FBI indicated that on the basis of  the
data furnished, they were unable to locate an arrest  record  pertaining  to
the applicant.

On 19 April  2007,  the  applicant  was  given  the  opportunity  to  submit
comments about his post service activities (Exhibit D).  As  of  this  date,
this office has received no response.

_________________________________________________________________

AIR FORCE EVALUATION:

None.  The applicant has not shown the  characterization  of  his  discharge
was contrary to the provisions of AFR 39-10,  Administrative  Separation  of
Airmen, paragraph 5-57b (Pattern of  Misconduct  –  Conduct  Prejudicial  to
Good Order and Discipline) (extract copy of applicable portion  attached  as
Exhibit C).  Nor has he shown the nature of the discharge was  unduly  harsh
or disproportionate to the offenses committed.

_________________________________________________________________

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.  Based upon the presumption  of  regularity
in  the  conduct  of  governmental  affairs  and  without  evidence  to  the
contrary, we must assume that the applicant's characterization of  discharge
was proper and in compliance with appropriate directives.  Therefore,  based
on the available 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 this application in  Executive
Session on 5 June 2007, under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Marcia Jane Bachman, Member
                 Ms. Mary C. Puckett, Member


The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2007-00937:

      Exhibit A.  DD Form 149, dtd 23 Mar 07, w/atchs.
      Exhibit B.  Letter, Records Request, dtd 29 Mar 00.
      Exhibit C.  Excerpt of AFR 39-10, dtd 1 Oct 84.
      Exhibit D.  Letter, SAF/MRBR, dtd 20 Apr 07, w/atch.




                                  THOMAS S. MARKIEWICZ
                                                   Chair

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