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AF | BCMR | CY2008 | BC-2007-02819
Original file (BC-2007-02819.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02819
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The mistakes he made were because he was  young.   He  needs  a  fresh
start in his life and asks that the Board give him a second chance.

In support of his appeal, the applicant provides an expanded statement
and a copy of his separation document.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 9 Jan 84.

On 1 Dec 86, he was notified of his commander’s  intent  to  recommend
his discharge for a pattern  of  misconduct.   The  reasons  for  this
action were:

      a.  On six (6) separate occasions he, without authority,  failed
to either go to work at the appointed time or went from his  appointed
place of duty.  These incidents occurred between 3 Jul 85 and  18  Nov
86, for which he was counseled.

      b.  On 31 Dec 85 and 6 Jan 86, he, without authority, failed  to
go at the time prescribed to his appointed place of duty, for which he
received nonjudicial punishment.

      c.  On 7 Aug 86 to 10 Aug 86, he was derelict in the performance
of his duties in that he failed to take meter readings at  Pump  House
2696, as it was his duty to do, for which he was counseled.

            d.  Between 19 Apr 85 and 30 Jun 86, he wrote five (5) bad
checks, for which he received three (3) letters of counseling.

      e.  On  8  Jan  86,  he  failed  to  display  a  proper  vehicle
registration, for which he received a traffic ticket and was counseled
by his first sergeant.

      f.  On 2 Oct 84, during an open ranks inspection, he  was  found
in violation of AFR 35-10 in that his stripes were attached improperly
and his shoes were totally unserviceable,  for  which  he  received  a
Letter of Reprimand (LOR).

      g.  On 22 Mar 84, he failed to follow a  written  order  of  the
3776 Student Squadron  in  that  he  failed  to  properly  secure  his
personal valuables in his barracks room, for which he received an LOR.

The applicant was advised of his rights  in  the  matter  and  that  a
general discharge would be recommended.

On 21 Feb 73, the applicant waived his right to a  hearing  before  an
administrative discharge board and submitted  statements  in  his  own
behalf.

In a legal review of the discharge case file, on 3 Dec 86,  the  Staff
Judge Advocate found the file was legally sufficient  and  recommended
the applicant be furnished a general discharge.

On 8 Dec 86, the discharge authority directed the applicant be given a
general discharge.

Applicant was discharged on 10 Dec 86 under the provisions of  AFM 39-
10 (Misconduct – Pattern of Discreditable Involvement with Military or
Civilian Authorities) and  furnished  a  general  discharge.   He  was
credited with 2 years, 11 months, and 2 days of total active service.

Pursuant to the Board’s request, the Federal Bureau  of  Investigation
(FBI) provided a copy of an Investigative Report, which is at  Exhibit
C.

On 13 Feb 08, a copy of the FBI report were forwarded to the applicant
for review and response within 30 days.  As of this date, no  response
has been received by this office (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 find no evidence which  would
lead us to believe the applicant’s discharge for misconduct based on a
pattern  of  discreditable  involvement  with  military  or   civilian
authorities was improper or contrary to the governing directive  under
which it was  effected.   Therefore,  in  the  absence  of  sufficient
evidence to the contrary, we conclude  the  applicant  has  failed  to
sustain his burden of establishing that  he  has  suffered  either  an
error or an injustice.  Accordingly, 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 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 AFBCMR Docket Number BC-
2007-02819 in Executive Session on 26 Mar 08, under the provisions  of
AFI 36-2603:

      Mr. Michael J. Maglio, Panel Chair
      Mr. Richard K. Hartley, Member
      Mr. Elwood C. Lewis III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Aug 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Letter, AFBCMR, dated 13 Feb 08.




                                   MICHAEL J. MAGLIO
                                   Panel Chair

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