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AF | BCMR | CY2007 | BC-2007-02830
Original file (BC-2007-02830.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02830
      INDEX CODE:  110.00
      COUNSEL:  NONE

      HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

The following changes be made to his DD 214 (separation document):

      a)  Block 24 (Character of Service) be amended to read general  (under
honorable conditions) or upgraded to honorable;

      b)  Block 26 (Separation Code) be changed to FDB (Hardship).
________________________________________________________________

APPLICANT CONTENDS THAT:

His original DD  214  stated  general  (under  honorable  conditions).   His
misconduct was due to family problems.  He had requested  an  early  release
from active duty.  His commanding officer and base commander agreed  to  his
request for early release and told him he would never  be  able  to  reenter
military service.  He was told he was receiving a Hardship,  General  (Under
Honorable Conditions) discharge.  The error was discovered when  he  applied
to take the civil service test.  Also, the dates on his DD 214 are in  error
as he was discharged before the separation date.

The applicant’s complete submission is at Exhibit A.

Examiner's  Note:   According  to  the  Office  of   Personnel   Management,
applicants are no longer required to take a civil  service  test.   However,
prior military members are required to include a copy of their DD  214  when
applying for government positions.

________________________________________________________________

STATEMENT OF FACTS:

On 23 Apr 87, the applicant entered the Regular Air Force for  a  period  of
four years.

On  1  Mar  88,  the  applicant’s  commander  notified  him  that   he   was
recommending his separation from the Air Force under the provisions  of  AFR
39-10, paragraph 5-46 for  minor  disciplinary  infractions.   Specifically,
during January and February 1988,  the  applicant  failed  to  maintain  the
standards required of him.  On 7 and 9 Jan 88, he failed to go to his  place
of duty.  For this incident, he received an  Article  15.   During  December
1987 and January 1988 he wrote several checks with insufficient funds.

The discharge case was reviewed by  the  Acting  Staff  Judge  Advocate  and
found legally sufficient.  On 9 Mar 88,  the  discharge  authority  approved
applicant’s  general  discharge  without  the   offer   of   probation   and
rehabilitation.  On 15  Mar  88,  the  applicant  was  discharged  from  the
Regular Air Force in the grade of airman basic.  He  had  served  10  months
and 24 days on active duty.

In response to the Board’s request, the FBI indicated they  were  unable  to
identify with an arrest record pertaining to the applicant on the  basis  of
information furnished.

________________________________________________________________

APPLICANT'S RESPONSE TO REQUEST FOR POST-SERVICE INFORMATION:

In his unsigned letter dated 16 Oct 07, the applicant states he enjoyed  his
time in the military and would have remained in service.  He reiterates  his
earlier comments pertaining to family problems and his discussion  with  his
commanding officer regarding the discharge  type  and  conditions  he  would
receive.

He is married to a great lady.  He has three  step-children  and  is  paying
child support for two children from a prior marriage.   He  worked  steadily
up until three years ago when he injured his back.  He  now  wants  a  civil
service position and will  earn  Veteran's  points  with  the  words  "under
honorable conditions" on his DD 214.  He wants to be a productive member  of
his community.

He also submits two character reference letters (unsigned).

The applicant's complete submission, with attachments, is at 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  find  no
evidence  of  an  error  or  injustice  that  occurred  in   the   discharge
processing.  Based on the available  evidence  of  record,  it  appears  the
discharge was consistent with the substantive requirements of the  discharge
regulation  and  within  the  commander's  discretionary   authority.    The
applicant has provided no evidence  which  would  lead  us  to  believe  the
characterization of the service  was  contrary  to  the  provisions  of  the
governing regulation, unduly harsh,  or  disproportionate  to  the  offenses
committed.   We  considered  upgrading  the  discharge  based  on  clemency;
however, we do not find the evidence presented is sufficient  to  compel  us
to recommend granting the relief sought on that basis.   Therefore,  in  the
absence of evidence to  the  contrary,  we  find  no  basis  upon  which  to
recommend granting the relief sought.

________________________________________________________________

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 28 November 2007, under the provisions of AFI 36-2603:

            Ms. Charlene M. Bradley, Panel Chair
            Ms. Karen A. Holloman, Member
            Mr. Wallace F. Beard Jr., Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2007-02830:

      Exhibit A.  DD Form 149, dated 23 Aug 07.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFBCMR, 3 Oct 07.
      Exhibit D.  Letter, Applicant, 16 Oct 07, w/atchs.




                                  CHARLENE M. BRADLEY
                                  Panel Chair

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