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AF | BCMR | CY2007 | BC-2007-02833
Original file (BC-2007-02833.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-02833
            INDEX CODE:  110.02
            COUNSEL:  None
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 11 MARCH 2009

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since his discharge, he has been a model and tax  paying  citizen.   He  has
been a machinist for the last 23 years and has been with  the  same  company
as a milling machine supervisor the last 13 years.  He  made  some  mistakes
when he was young but he was a good airman who served his country.

In support of his request, applicant provides a copy of his DD Form 214.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  30
September 1981.  He was progressively promoted to the grade of airman  first
class (E-3), having assumed that grade effective and with a date of rank  of
30 September 1982.

On 28 November 1982, the applicant was charged with assault of an airman  by
taking a swing at him.  For this  incident,  punishment  under  Article  15,
Uniform Code of  Military  Justice  (UCMJ),  was  imposed.   He  received  a
suspended reduction to airman (E-2) until 15 June 1983 and  was  ordered  to
forfeit $50.00 pay per month for one month.

On 2 June 1983, the applicant failed  to  properly  maintain  his  dormitory
room.  For this incident, he received a letter of reprimand (LOR).

Between 14 April 1983 and 24 May 1983, he wrongfully  used  marijuana.   For
this  incident,  punishment  under  Article  15,  UCMJ  was  imposed.    His
suspended reduction was vacated, and he was ordered to forfeit  $150.00  pay
and perform 14 days extra duty.

On 13 June 1983,  the  applicant  failed  to  report  for  duty.   For  this
incident, he received an LOR.

On 21 June 1983, the applicant was notified by his commander of  his  intent
to discharge him for a pattern of misconduct.  He was advised of his  rights
in this matter and  acknowledged  receipt  on  that  same  date.   Applicant
elected to submit statements in his  behalf.   In  a  legal  review  of  the
discharge case file, the staff judge advocate found  it  legally  sufficient
and recommended  he  be  discharged  from  the  Air  Force  with  a  general
discharge.   On  25 July  1983,  the  discharge  authority  directed  he  be
discharged with a general discharge without  probation  and  rehabilitation.
Applicant was credited with 1 year, 9 months and 28 days of active  service.


Pursuant  to  the  Board’s  request,  the  FBI  provided  a  copy   of   an
Investigative Report, No. 58130W9, which is at  Exhibit  C.   On  2 October
2007, a copy of the FBI report was forwarded to the  applicant  for  review
and comment within 14 days, as of this date, no response has been  received
by this office.

_________________________________________________________________

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 material error  or  injustice;  that  the  application  was
denied  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-2007-02833
in Executive Session on 30 October 2007, under the  provisions  of  AFI  36-
2603:


            Mr. Jay H. Jordan, Panel Chair
            Mr. Garry G. Sauner, Member
            Mr. Joseph D. Yount, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
02833 was considered:

    Exhibit A.  DD Form 149, dated 22 August 2007 w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Investigative Report No. 58130W9,
                dated 21 September 2007.
    Exhibit D.  Letter, AFBCMR, dated 2 October 2007.
    Exhibit E.  Excerpt, AFI 36-3208, dated 9 July 2004.




                                   JAY H. JORDAN
                                   Panel Chair


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