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AF | BCMR | CY2008 | BC-2007-03103
Original file (BC-2007-03103.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-03103
                                             INDEX CODE:  110.00
                                             COUNSEL:  NOT INDICATED

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His characterization of service be upgraded from  general  (under  honorable
conditions) to honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

None

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 7 Apr 80, for a term of  four
years, and served as an electrician.

On 1 Sep 82, applicant was notified of his commander's intent  to  recommend
him for  a  general  (under  honorable  conditions)  discharge  for  apathy,
defective attitude, or  inability  to  expend  effort  constructively.   The
commander stated the following reasons for the proposed discharge:

        a. Counseling, dated 13 Jul 81, being late for duty


        b. Counseling, dated 16 Nov 81, disorderly conduct


        c. Counseling, dated 9 Dec 81, being late for duty


        d. Counseling, 14 Dec 81, being late for duty


        e. Letter of Reprimand, dated 22 Mar 82, being late for duty


        f. Article 15, dated 24 Jun 82,  for  failure  to  go  at  the  time
           prescribed to his appointed place of duty


        g. Article 15, dated 30 Aug 82, wrongful use of marijuana

He was advised of his rights in  this  matter,  and  after  consulting  with
counsel elected not to submit statements in his own behalf.

A legal review was conducted  on  14  Sep  82,  in  which  the  staff  judge
advocate recommended that he be separated with a  general  (under  honorable
conditions)    discharge    characterization    without    probation     and
rehabilitation.  The discharge authority approved the discharge  and  on  17
Sep 82, applicant was discharged in the grade  of  airman  basic  (E-1)  for
Unsuitability  –  Apathy,  Defective  Attitude,  IAW  AFM  39-12,   Enlisted
Personnel, Separation  for  unsuitability;  Misconduct,  Personal  Abuse  of
Drugs; Resignation or Request for Discharge for the  Good  of  the  Service;
and Procedures  for  the  Rehabilitation  Program,  Chapter  2,  Section  A,
Paragraph 2-4c.   He  was  given  a  general  (under  honorable  conditions)
discharge characterization, and an RE Code of 2B, “Separated with a  General
or UOTHC Discharge”, which bars immediate reenlistment.  He served  a  total
of 2 years, five months, and 11 days active duty 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  15
Jan 08, a copy of the FBI report was forwarded to the applicant  for  review
and comment within 30 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 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  Docket  Number  BC-2007-03103
in Executive Session on 4 Mar 08, under the provisions of AFI 36-2603:

                       Mr. James W. Russell III, Panel Chair
                       Ms. Teri G. Spoutz, Member
                       Mr. Garry G. Sauner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Sep 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report, dated 22 Oct 07.




                                   JAMES W. RUSSELL III
                                   Panel Chair

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