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AF | BCMR | CY2007 | BC-2007-01481
Original file (BC-2007-01481.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-01481
            INDEX CODE: 110.00
      XXXXXXX                     COUNSEL:  NONE

                                   HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 12 NOVEMBER 2008

______________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

With the exception of one, his minor offenses can be defined as  judgmental
rather than facts.  He believes the outcomes of his  offenses  were  unjust
and the punishment does not  fit  when  compared  to  today's  airmen.   He
believes other airmen  are  allowed  to  remain  in  the  Air  Force  after
committing very dangerous illegal acts.  In addition,  the  assistance  his
Area Defense Counsel provided was inadequate and did  not  serve  his  best
interest.  He believes if he had sufficient guidance and could have resided
off-base he would not have been subjected  to  his  first  sergeant's  room
inspections.  He believes this is what ultimately led  to  his  involuntary
discharge.  Other than his isolated incident for  underage  consumption  of
alcohol, the room inspections were the only other offenses he  was  accused
of.

In support of his request, the applicant submits  a  personal  letter;  Air
Force Form 931, Performance Feedback Worksheet, base newspaper articles and
his New York Department of Correctional Services Diploma.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 23 March  1993.   On 27 June
1994, he was notified by his commander  that  he  was  recommending  he  be
discharged  from  the  Air  Force  under  the  provisions  of  AFR   39-10,
Administrative  Separation  of  Airman,  Section  H,  paragraph  5-46   for
misconduct (pattern of minor
disciplinary infractions).  The specific reasons for this action were on 24
June 1994, he received an Article 15 for being derelict in the  performance
of his duties in  that  he  negligently  failed  to  maintain  correctional
custody standards by failing to maintain the decorum and physical order  of
his room; on 6 June 1994, he received an Unfavorable Information File (UIF)
action for wrongfully wearing an unserviceable uniform, to include a filthy
dirty shirt, improper tie length, wrong size stripes,  missing  belt  loop,
and soiled pants; on 12 May 1994, he received an Letter of Reprimand  (LOR)
for failing to maintain his dormitory residence in sanitary condition; on 8
November 1993, he received an LOR because his dorm room was found to be  in
violation of all reasonable neatness and cleanliness standards; and  on  22
February 1994, he received an LOR for consuming alcoholic  beverages  while
under the age  of  21.   On  30 June  1994,  he  acknowledged  receipt  and
consulted counsel but elected not to submit statements on his  own  behalf.
In a legal review of his case  the  base  legal  office  found  it  legally
sufficient and recommended a general discharge.  Applicant  was  discharged
in the grade of airman basic on 5 July 1994.  He served a total of 1  year,
3 months and 13 days on active duty.

________________________________________________________________

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  20
June 2007 for review and comment within 30 days.  As  of  this  date,  this
office has received no response (Exhibit D).

________________________________________________________________

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  behavior  and  inability  to
comply with standards.    Therefore, the Board agrees with the  opinion  and
recommendation of the Air Force office of primary responsibility and  adopts
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-
01481 in Executive Session on 26 July 2007, under the provisions of AFI  36-
2603:

                 Ms. B. J. White-Olson, Panel Chair
            Ms.  Josephine L. Davis, Member
            Mr. Alan A. Blomgren, Member


The following documentary evidence pertaining  to  Docket  Number  BC-2007-
01481 was considered:

      Exhibit A.  DD Form 149, dated 26 Apr 07, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dated 8 Jun 07.
      Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 07.





                                   B. J. WHITE-OLSON
                                   Panel Chair


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