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AF | BCMR | CY2009 | BC-2008-01497
Original file (BC-2008-01497.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01497
            INDEX CODE:  110.02
            COUNSEL:  NONE
            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge  be  upgraded,  his
reentry (RE) code "2B" (Separated with a general or under  other  than
honorable conditions (UOTHC) discharge) and his narrative  reason  for
separation, be changed to allow him to serve in the National Guard.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The RE code he received prevents him  from  serving  in  the  National
Guard as a chaplin candidate.

In support of his request, the applicant provided copy of his DD  Form
214.

His complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 25 Jul 86, the applicant contracted his initial enlistment  in  the
Regular Air Force.  He was progressively  promoted  to  the  grade  of
airman first class having assumed the grade effective and with a  date
of rank of 25 Nov 87.

On  2  Oct  89,  the  applicant’s  commander  notified  him   he   was
recommending his discharge from the Air  Force  for  misconduct.   The
specific reasons for the discharge action were:

      a.    On 2 Oct 89, he received a Letter of Reprimand  (LOR)  for
driving under the influence (DUI) on 24 Sep 89 and refusing to take  a
Blood Alcohol Test (BAT).

      b.    On 18 Aug 89, he received a Letter  of  Counseling  (LOC)
for writing a check on an account with insufficient funds.

      c.    On 29 Dec 88, he received an Article 15 for grabbing  and
striking another service member.

      d.    On 26 Oct 88, he received  an  LOR  with  an  Unfavorable
Information  File  entry  for  operating  a   motor   vehicle   while
intoxicated.

His commander advised him of his rights in this matter.

He acknowledged receipt of the  notification,  consulted  with  legal
counsel and submitted statements in his own behalf.

On 3 Oct 89, the base legal office reviewed the  case  and  found  it
legally  sufficient  and  recommended   general   discharge   without
probation and rehabilitation.

On 9 Oct 89,  the  discharge  authority  directed  discharge  with  a
general discharge  without  probation  and  rehabilitation.   He  was
discharged on 11 Oct 89.  He served 3 years, 2 months and 17 days  on
active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial.   DPSOS  states  the  discharge  package
clearly reflects the applicant was  counseled  on  numerous  occasions
regarding his conduct and was afforded  an  opportunity  to  meet  Air
Force standards prior to the initiation of the discharge action.   The
discharge and the characterization of service, was consistent with the
procedural and substantive requirements of  the  discharge  regulation
and was  within  the  discretion  of  the  discharge  authority.   The
applicant has not provided any evidence or identified  any  errors  or
injustices that occurred in the discharge processing.  He provided  no
facts warranting an upgrade to his discharge.

AFPC/DPSOS’s complete evaluation is at Exhibit C.

AFPC/DPSOA recommends denial.  DPSOA  states  there  was  no  evidence
found indicating an error  or  injustice  occurred.   No  evidence  or
documentation was provided by the applicant to warrant a change in his
RE code.

AFPC/DPSOA’s complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
8 Aug 08, for review and response 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 agree with the opinions and  recommendations  of  the  Air
Force offices of primary responsibility and adopt their  rationale  as
the basis for our decision that the applicant has  failed  to  sustain
his burden of proof  of  the  existence  of  either  an  error  or  an
injustice.  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-
2008-01497 in Executive Session on 2 Oct 08 under  the  provisions  of
AFI 36-2603:

                       Mr. Alan A. Blomgren, Panel Chair
                       Ms. Jan Mulligan, Member
                       Mr. James G. Neighbors, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2008-01497 was considered:

   Exhibit A.  DD Form 149, dated 16 Apr 08, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSOS, dated 17 Jul 08.
   Exhibit D.  Letter, AFPC/DPSOA, dated 21 Jul 08.
   Exhibit E.  Letter, SAF/MRBC, dated 8 Aug 08.



                                        ALAN A. BLOMGREN
                                        Panel Chair

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