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AF | BCMR | CY2007 | BC-2007-02347
Original file (BC-2007-02347.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02347
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  30 JAN 09

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Biased statements and correspondence were added to his personnel record  and
reviewed by the commander of his unit.

In support of his request, the applicant provided a personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 October 1999 in the  grade
of airman.  He served as an electrical power production apprentice.   On  26
October 2005, applicant was notified by  his  commander  of  her  intent  to
recommend he be discharged from the Air Force under the provisions  of  AFPD
36-32 and AFI 36-3208,  paragraph  5.49.   The  specific  reasons  for  this
action were as follows:

On 12 May 2005, he failed to show up for his first day of Airman  Leadership
School (ALS).  Additionally, on 16 & 17 June 2005, he failed  to  report  to
work.  For this misconduct he received a Letter of Reprimand (LOR).

On or about 21 June 2005, applicant signed an official statement  indicating
that on 12 May 2005, he was attending his Speech 100 class, which  statement
was false in that he did not attend  the  class  on  that  date.   For  this
misconduct he received an Article 15, dated 18 July  2005.   His  punishment
consisted of a reduction in grade from senior airman to airman first  class,
a suspended forfeiture of $820.00 pay per month for two  months,  five  days
extra duty, and a reprimand.

On or about 21 July 2005, he failed to report at the time prescribed to  his
appointed place of duty.  For this misconduct he  received  an  Article  15,
dated 23 August 2005.  His punishment consisted  of  a  reduction  in  grade
from airman first class to airman and a reprimand.

He was advised of his rights and acknowledged receipt of  the  notification.
After consulting with counsel the applicant waived his right  to  a  hearing
before an administrative discharge board and elected to submit  a  statement
on his own behalf.  In a legal review of the  case  file,  the  staff  judge
advocate found the case legally sufficient and recommended he  be  separated
from  the  Air  Force  with  a  general  discharge,  without  probation  and
rehabilitation.  On 21 November  2005,  the  discharge  authority  concurred
with the recommendations and  directed  he  be  discharged  with  a  general
discharge.  Applicant was discharged  on  5  December  2005.   He  served  6
years, 1 month and 23 days on active duty.

On 13 March 2007, the Air Force Discharge Review  Board  (AFDRB)  considered
and denied the applicant’s request that his general  discharge  be  upgraded
to  an  honorable  discharge.   The  AFDRB  concluded  the   discharge   was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge  regulation  and  was  within  the  discretion  of  the  discharge
authority and that  the  applicant  was  provided  full  administrative  due
process (Exhibit B).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states based on  the  documentation  on
file in the 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.   Applicant
did not submit any evidence  or  identify  any  errors  or  injustices  that
occurred in the discharge processing.  He provided  no  facts  warranting  a
change to his general discharge.

The DPPRS complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 August 2007, the evaluation was forwarded to the applicant for  review
and comment within 30 days (Exhibit D).  As of this date,  this  office  has
received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an  error  or  injustice.   After  a  thorough  review  of  the
evidence of record and the applicant's submission,  it  appears  responsible
officials applied appropriate standards in effecting his separation, and  we
find no evidence that the applicable regulations were violated or  that  the
applicant was not afforded all the rights to which he was entitled.   It  is
our  opinion  that  the  discharge   proceedings   were   proper   and   the
characterization of his service was appropriate.  Therefore, in the  absence
of evidence to the contrary,  we  find  no  compelling  basis  to  recommend
granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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-
02347 in Executive Session on 20 September 2007,  under  the  provisions  of
AFI 36-2603:

                 Mr. Christopher D. Carey, Panel Chair
                 Mr. Gregory A. Parker, Member
                 Mr. James L. Sommer, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 July 2007, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 2 August 2007
   Exhibit D.  Letter, SAF/MRBR, dated 17 August 2007.




                 CHRISTOPHER D. CAREY
                 Panel Chair

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