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AF | BCMR | CY2008 | BC-2007-03036
Original file (BC-2007-03036.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-03036
            INDEX CODE: 110.00
      DAVID B. HARRIS III         COUNSEL:  NONE
                                   HEARING DESIRED:  NO

______________________________________________________________

APPLICANT REQUESTS THAT:

His character of service be upgraded from general to honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

His  discharge  was  unjust  due  to  the  circumstances  surrounding   his
assignment to Minot AFB North Dakota.  Because of his  race  he  could  not
adjust to the radical change.

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  on  29  July  1974.  On 14
April 1976, he was notified by his commander that he was recommending he  be
discharged from the Air Force under the provisions of AFR 39-12,  Separation
for Unsuitability, Misconduct, Resignation, or  Request  for  Discharge  for
the Good of the Service  and  Procedures  for  the  Rehabilitation  Program,
Chapter 2, for apathetic and  defective  attitude,  behavior,  and  personal
abuse of drugs.  The specific reasons for this  action  were  on  20  August
1975, he was counseled  for  failure  to  maintain  his  dormitory  room  in
acceptable  standards.   On  26  August  1975,  he  received  an  Letter  of
Admonishment (LOA) for failing to report for a military  formation.   On  24
August 1975, he received an Article 15 for failure to go  to  his  appointed
place of duty at the time prescribed.  On 24 February 1976 and 4 March  1976
he was apprehended for possession of marijuana, as a result he  received  an
Article 15.   On 12 March 1976 he was counseled on the need and  requirement
to keep his activities and military appearance up to  acceptable  standards.
 On 18 March 1976, he received a Letter of Reprimand (LOR)  for  failing  to
go to his appointed place of duty.  On 5 April 1976, his room was  inspected
by the base commander and found in a filthy state; as a result  he  received
an Article 15.  On 28 April 1976, he was advised of his  rights  to  consult
counsel, and declined to submit statements on his own behalf.

On 7 May 1976, he was discharged in the grade of airman basic. He served  a
total of one year, nine months and nine days on active duty.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, indicated on 9 November 2007, that, on  the  basis  of  data
furnished, they are unable to locate an arrest record (Exhibit C).

On 17 December 2007, a request for post-service information  was  forwarded
to the applicant for response within 30 days.  As of this date no  response
has been received (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.  The Board finds no impropriety in the  characterization  of  applicant's
discharge.   It  appears  that  responsible  officials  applied  appropriate
standards in effecting  the  separation,  and  we  do  not  find  persuasive
evidence that pertinent regulations were violated or that applicant was  not
afforded all the rights to which entitled at the  time  of  discharge.   The
applicant has not shown the characterization of the discharge  was  contrary
to the provisions of the governing regulation, nor has  it  been  shown  the
nature of  the  discharge  was  unduly  harsh  or  disproportionate  to  the
offenses  committed.   Considered   alone,   we   conclude   the   discharge
proceedings  were  proper  and  characterization  of   the   discharge   was
appropriate to the existing circumstances.

________________________________________________________________

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-
03036 in Executive Session on 6 February 2008, under the provisions  of  AFI
36-2603:

              Mr. Thomas S. Markiewicz, Chair
              Ms. Mary Jane Mitchell, Member
              Ms. Marcy C. Puckett, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 October 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Negative Reply, 9 November 2007.
    Exhibit D.  Letter, SAF/MRBC, dated 17 December 2007.




                                   THOMAS S. MARKIEWICZ
                                   Chair




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