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AF | BCMR | CY2008 | BC-2007-02935
Original file (BC-2007-02935.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02935
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  narrative  reason  for  separation  (Misconduct   –   Pattern   Conduct
Prejudicial to Good Order and Discipline) be removed from his  DD Form  214,
Certificate of Release or Discharge from Active Duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His narrative reason for separation is undeserved due to alcohol  addiction.
 He was in active rehabilitation at the time period in question.

In support of his request, the applicant provided a copy of his DD Form  214
and character references.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 May 1981 in the  grade  of
airman basic.  He was progressively promoted to the grade  of  airman  first
class having assumed that grade effective 13 May 1982.  On  21  April  1983,
applicant was notified by his commander of his intent to recommend  that  he
be discharged from  the  Air  Force  under  the  provisions  of  AFR  39-10,
paragraph 5-47b.  The specific reasons for this action were as follows:

         a. On 3 October 1981,  applicant  received  nonjudicial  punishment
under Article 15  of  the  Uniform  Code  of  Military  Justice  (UCMJ)  for
damaging military property by kicking  the  doors  of  Rooms  335  and  337,
Building 7103.  His punishment consisted of a forfeiture of $116.00 of pay.

         b. On 21 January 1982, applicant received  a  Letter  of  Reprimand
(LOR) for reporting for duty under the influence of alcohol.

         c.  On 22 March  1983,  applicant  received  an  LOR  for  wrongful
possession of a quantity of marijuana.

         d.   On  28  March  1983,  applicant  received  an  LOR  for  being
identified through urinalysis testing as a user of cannabis.

         e.  On 31 March 1983, applicant received an LOR for failure  to  go
at the time prescribed to his appointed place of duty.

         f. On 4  April  1983,  applicant  received  nonjudicial  punishment
under Article 15, Uniform Code of Military Justice (UCMJ),  for  failure  to
go at the time prescribed to his appointed place of  duty.   His  punishment
consisted of a reduction in grade to airman and  forfeiture  of  $150.00  of
his pay.

He was advised of his rights in this matter and acknowledged receipt of  the
notification on that same date.  The applicant waived his right  to  consult
counsel and elected not to submit statements in his own behalf.  In a  legal
review of the case file, the acting staff  judge  advocate  found  the  case
legally sufficient and recommended that he be discharged.  On  5  May  1983,
the discharge authority concurred  with  the  recommendations  and  directed
that he be discharged  with  a  general  discharge,  without  probation  and
rehabilitation.  Applicant was discharged on 6 May 1983.  He served 1  year,
11 months and 24 days on active duty.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, were unable to identify with an arrest record  on
the basis of information furnished (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial.  DPSOS 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
removal of the narrative reason for separation.

The DPSOS complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 2 November 2007, the  evaluation  was  forwarded  to  the  applicant  for
review and comment within 30 days  (Exhibit  E).   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 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 an  error  or  injustice.   After  a  thorough  review  of  the
evidence of record and the applicant’s submission, it is  our  opinion  that
given the circumstances surrounding his separation from the Air  Force,  the
narrative reason for separation assigned was proper and in  compliance  with
the appropriate directives.  Therefore, we agree with the office of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an  error  or  injustice.   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-
02935 in Executive Session on 3 January 2008, under the  provisions  of  AFI
36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Joseph D. Yount, Member
                 Ms. Teri G. Spoutz, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 August 2007, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Negative FBI Report, dated 1 November 2007.
   Exhibit D.  Letter, AFPC/DPSOS, dated 19 October 2007.
   Exhibit E.  Letter, SAF/MRBR, dated 2 November 2007.




                 MICHAEL K. GALLOGLY
                 Panel Chair

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