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AF | BCMR | CY2008 | BC-2007-03866
Original file (BC-2007-03866.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-03866
            INDEX CODE:  110.00
            COUNSEL: NONE

            HEARING DESIRED:  NO
_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

It has been 20 years since he was discharged.

Applicant's complete submission is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 5 Feb 86 for a period  of
four years.

On  7  Apr  87,  the  applicant’s  commander  notified  him  that   he   was
recommending his  discharge  from  the  Air  Force  for  minor  disciplinary
infractions and drug abuse.  The specific reasons for the  discharge  action
were:

      a.    On 9 Jun 86, the  applicant  received  an  Article  15  with  an
Unfavorable Information  File  (UIF)  for  wrongfully  possessing  alcoholic
beverages in the dormitory.  His punishment consisted of forfeiture  of  pay
and correctional custody.

      b.    On 22 Sep 86, the applicant  received  a  Letter  of  Counseling
(LOC) for failing to report at the prescribed time to a military doctor  and
his appointed place of duty

      c.    On 9 Oct 86, the applicant received a Letter of Reprimand  (LOR)
for a traffic violation (speeding) on or about 26 Sep 86.

      d.    On 10 Oct 86, the  applicant  received  an  LOR  for  a  traffic
violation (speeding) on or about 10 Oct 86.

      e.    On 15 Oct 86, the applicant received an LOC for  failing  to  go
at the time prescribed to commander’s call.

      f.    On 19 Nov 86, the applicant received an LOC for failing to go  a
scheduled dental appointment.

      g.    On 18 Nov 86, the applicant received an LOC for  failing  to  go
at the prescribed time to his appointed place of duty.

      h.    On 28 Jan 87, the applicant received an LOC for  failing  to  go
at the prescribed time to his appointed place of duty.

      i.    On 20  Mar  87,  the  applicant  received  an  LOR  for  testing
positive for marijuana.

      j.    On 27 Mar 87, the applicant received an LOR for wrongful use  of
cocaine.

His commander advised him of his rights in this matter.

The applicant acknowledged receipt of  the  notification  of  discharge  and
after consulting with legal counsel submitted a conditional  waiver  of  his
rights associated with an administrative discharge hearing  contingent  upon
receiving no less than an general (under honorable conditions) discharge.

On 21 Apr 87, a  legal  review  was  conducted  in  which  the  staff  judge
advocate recommended the applicant’s conditional waiver be accepted  and  he
be discharged with a general discharge.

On 24 Apr 87, the discharge authority  directed  discharge  with  a  general
discharge without probation and rehabilitation.

The applicant was discharged on 28 Apr 87.  He served a total of 1  year,  2
months and 24 days on active duty.

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  22
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 (Exhibit D).

On 22 Jan 08, a request  for  information  pertaining  to  his  post-service
activities was forwarded to the applicant for response within 30  days.   As
of this date, no response has been received by this office (Exhibit E).

_________________________________________________________________

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.  Therefore, in the absence of evidence to the contrary,  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-
03866 in Executive Session on 13 Feb 08 under  the  provisions  of  AFI  36-
2603:

                       Mr. James W. Russell III, Panel Chair
                       Ms. Barbara J. Barger, Member
                       Mr. James L. Sommer, Member

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2007-03866 was considered:

      Exhibit A. DD Form 149, dated 13 Nov 07, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Investigative Report.
      Exhibit D. Letter, SAF/MRBC, dated 22 Jan 08.
      Exhibit E. Letter, SAF/MRBC, dated 22 Jan 08.




                             JAMES W. RUSSELL III
                             Panel Chair

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