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AF | BCMR | CY2007 | BC-2007-02245
Original file (BC-2007-02245.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02245
      INDEX CODE:  110.00
      COUNSEL:  NONE

      HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  19 DECEMBER 2008
________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His family issues concerning his father's aggressive cancer weighed  heavily
on him.  His issues prompted his inability to focus on the matters  at  hand
and culminated in a matter of two months.  His father died on 7 Mar 03.   It
has been five years since his  discharge.   He  appeared  before  a  similar
review board  to  request  his  discharge  be  upgraded  to  honorable.   He
answered the board's questions as best he could but his request was  denied.
 He was not a model airman, but he served with pride.  He did not enlist  to
get away from a troubled family life, drugs, or any other list  of  reasons.
His family life was great and he enlisted because his dad had served.

His discharge has impeded his chances for  a  good  job  or  career  in  the
civilian world.  His character of service renders  him  as  unreliable,  not
trustworthy, incompetent, or just under qualified.  Some  offers  have  been
from companies that  request  veterans  or  former  servicemen.   The  words
"other than honorable" have resulted in a polite decline of his  application
or a brief apology over the phone and a suggestion to try if  his  discharge
status ever changes.   He  has  no  intention  of  lying  about  serving  or
speaking with anything other than pride at having had the chance  to  serve.


It is for all  the  reasons  above  and  more  that  he  is  submitting  his
application for consideration.

In support of his application, the applicant submits his  personal  unsigned
statement and a copy of his DD 214.

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

________________________________________________________________

STATEMENT OF FACTS:

On 7 Mar 98, the applicant enlisted in the Regular Air Force at the  age  of
18 in  the  grade  of  airman  basic  for  a  period  of  6 years.   He  was
progressively promoted to the grade of airman  first  class,  effective  and
with a date of rank of 4 Feb 02.

The applicant was involved in a number  of  minor  disciplinary  infractions
from Nov 99 to Jan 02, receiving  various  administrative  and  disciplinary
actions.  On 22 Feb 02, the applicant’s  commander  notified  the  applicant
that he was recommending  his  separation  from  the  Air  Force  under  the
provisions of AFPD 36-32 and AFI  36-3208,  para  5.49,  Misconduct –  Minor
Disciplinary Infractions.

In a legal review of the discharge case file dated  28  Feb  02,  the  Staff
Judge Advocate found the file was legally sufficient  and  recommended  that
the applicant be separated from the service with a general  discharge.   The
discharge authority approved the recommended  separation  and  directed  the
applicant be discharged  for  the  reasons  recommended  by  his  commander,
without the offer of probation and rehabilitation.

On 22 Mar 02,  the  applicant  was  issued  an  under  honorable  conditions
(general) discharge.  He had served 3 years, 5 months and 16 days on  active
duty.

________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  states  that   based   on   the
documentation on file in  the  applicant’s  master  personnel  records,  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  The discharge was  within  the  discretion  of
the discharge authority.  Additionally, the applicant  did  not  submit  any
evidence  or  identify  any  errors  or  injustices  that  occurred  in  the
discharge processing, and he provided no facts warranting a  change  to  his
general discharge.

The complete DPPRS evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 10  Aug
07 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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for the conclusion  that
the applicant has not been the victim of an error or injustice.   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 probable 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 4 October 2007, under the provisions of AFI 36-2603:

                 Mr. Laurence M. Groner, Chair
                 Ms. Josephine L. Davis, Member
                 Ms. Mary C. Puckett, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2007-02245:

     Exhibit A.  DD Form 149, dated 7 Jul 07 w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 27 Jul 07.
     Exhibit D.  Letter, SAF/MRBR, dated 10 Aug 07.




                                   LAURENCE R. GRONER
                                   Panel Chair

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