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AF | BCMR | CY2007 | BC-2007-02049
Original file (BC-2007-02049.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-02049
            INDEX CODE:  110.02

            COUNSEL:  None
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 2 OCTOBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He tried to get a humanitarian or hardship transfer.  Instead he  was  given
a general discharge.  He had no intention of separating from the military.

In support of his appeal, applicant provided a copy  of  his  DD  Form  214,
Armed Forces of the United States Report of Transfer or Discharge.

The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 6 Oct 70,  for  a  period  of
four years in the grade of airman basic.  His highest grade held was  airman
first class.

On 27 Mar 73, applicant’s commander notified him that  he  was  recommending
that he  be  discharged  from  the  Air  Force  for  unsuitability  for  his
apathetic and defective attitudes.  The  reasons  for  the  proposed  action
were:  (1) On  5  Jan  73,  applicant  received  an  Article  15  for  being
disorderly in station.  Punishment imposed  was  a  suspended  reduction  in
grade to airman; (2) Letters of Indebtedness (Dishonored  Checks);  and  (3)
Failure to accept responsibilities, as evidenced  by  continual  failure  to
apply himself in study and successful completion of his upgrade training.

On 5 Apr 73, applicant acknowledged he had been  interviewed  and  counseled
regarding the discharge action and that he declined  to  present  statements
in his own behalf.  On 11 Apr 73, the group Staff Judge Advocate  found  the
case file legally sufficient to support discharge from the Air Force with  a
general discharge without probation or rehabilitation.  On 12  Apr  73,  the
discharge authority approved the separation and directed that the  applicant
be separated with a general discharge.

Applicant was discharged on 26 Apr 73, in the grade of  airman  first  class
(E-3), under the  provisions  of  AFM  39-12,  Chapter  2,  Section  A,  for
Unsuitability, and was issued a general discharge.  He was credited  with  2
years, 6 months, and 21 days of active military service.

Pursuant to the Board’s  request  on  23  Jul  07,  the  Federal  Bureau  of
Investigation, Clarksburg, WV, provided a copy of an  investigation  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 AFM 39-12, Separation  for  Unsuitability,
Unfitness or Misconduct; Resignation or Request for Discharge for  the  Good
of the Service; and Procedures  for  the  Rehabilitation  Program.  (Extract
copy of applicable portion 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.

On 17 Aug 07, a copy of the FBI report was forwarded to  the  applicant  for
review/comment (Exhibit E).  To date, a response has not been received.

_________________________________________________________________

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.  Additionally, 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 honorable on the  basis  of
clemency.  In view of the above  we  find  no  basis  to  warrant  favorable
action on this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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-
02049 in Executive Session on 25 September 2007,  under  the  provisions  of
AFI 36-2603:

      Mr. James W, Russell, III, Panel Chair
      Mr. Don H. Kendrick, Member
      Ms. Josephine L. Davis, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
02049 was considered:

    Exhibit A.  DD Form 149, dated 22 Jun 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Extract, AFM 39-12.
    Exhibit E.  Letter, AFBCMR, dated 17 Aug 07.




                                             JAMES W. RUSSELL, III
                                             Panel Chair

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