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AF | BCMR | CY2007 | BC-2007-01797
Original file (BC-2007-01797.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01797
            INDEX CODE:  110.02
            COUNSEL:  None
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 8 DECEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His records show he supported two separate units which received  outstanding
awards.  He received a Good Conduct Ribbon.  He also successfully  completed
various educational schools and served his country proudly

He would like to be in a position to possibly serve his  country  again  and
not be condemned.

In support of his appeal, the applicant submitted a  copy  of  his  DD  Form
214.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on 5 April 1984,  as
an airman basic (AB).

On 11 February 1988, the applicant’s commander  notified  him  that  he  was
recommending him for discharge from the Air Force (AF) under the  provisions
of Air Force Regulation (AFR) 39-10 for misconduct (conduct  prejudicial  to
good order and discipline.)  The specific reasons for the  discharge  action
were:

      a.    On 22 January 1988, the applicant received  an  Article  15  for
being drunk and disorderly at Comiso Air Station, Italy
and for escaping the custody  of,  a  person  authorized  to  apprehend  the
applicant.


      b.    On 2 December 1987, the applicant received  an  Article  15  for
being absent from his organization without authority.


      c.    On  27  November  1987,  the  applicant  received  a  Letter  of
Counseling (LOC) for dereliction of duty and  failure  to  obey  the  verbal
directive given him by a superior Noncommissioned Officer (NCO).

The commander advised the applicant of his right in this matter.

The applicant acknowledged receipt of  the  notification  of  discharge  and
after consulting with  legal  counsel  submitted  a  statement  in  his  own
behalf.

On 19 February 1988, a legal review was conducted in which the  staff  judge
advocate recommended the applicant be discharged with  a  general  discharge
without probation and rehabilitation.

The discharge authority approved the discharge and  directed  the  applicant
be   discharged   with   a   general   discharge   without   probation   and
rehabilitation.

The applicant was discharged on 3 March 1988, in the grade of airman  basic.
 He served 3 years, 10 months and 29 days on active duty.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Washington, D.C., provided an investigative  report  which  is  attached  at
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,  Administrative  Separation  of
Airmen, paragraph 5-47 (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 FBI REPORT:

On 21 June 2007, the Board staff forwarded  the  applicant  a  copy  of  FBI
report for review and comment within 30 days.  As of this date, no  response
has been received by this office (Exhibit E).

On  22  June  2007,  the  Board  staff  requested  the   applicant   provide
documentation pertaining to his activities since leaving  military  service.
He has not responded (Exhibit F).

_________________________________________________________________

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 an injustice.  We took notice  of  the  applicant's
complete submission in judging the merits of the case; however, we find  the
applicant has failed to sustain his burden of proof  that  he  has  suffered
either an error  or  an  injustice.   Based  on  the  documentation  in  the
applicant's records, and his  apparent  misconduct  subsequent  to  military
service as contained in his FBI investigative report  it  appears  that  the
processing of his service and the characterization  of  the  discharge  were
appropriate and  accomplished  in  accordance  with  Air  Force  regulation.
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 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 Docket  Number  BC-2007-01451,
in Executive Session on 28 August 2007, under  the  provisions  of  AFI  36-
2603:

                       Mr. James W. Russell III, Panel Chair
                       Mr. Elwood C. Lewis III, Member
                       Mr. Mark J. Novitski, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 28 May 07, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report.
     Exhibit D.  Extract, AFR 39-10.
     Exhibit E.  Letter, AFBCMR, dated 22 Jun 07, w/atch.




                             JAMES W. RUSSELL III
                             Panel Chair

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