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AF | BCMR | CY2009 | BC-2008-04303
Original file (BC-2008-04303.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-04303
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was given high marks; however, once he  returned  stateside,  he
was told that he was not meeting standards.  It was  his  intention
to make a career out of the Air  Force;  however,  because  of  his
commanding officer, he was cheated out of his Air Force career.

In support of his appeal, the applicant, with the  assistance  from
the  Veterans  of  Foreign  Wars  (VFW),  submits  copies  of   his
DD Form 214, Certificate of Release or Discharge from Active  Duty,
and performance reports during the period of 7 Jun 77 – 20 Mar 85.

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

___________________________________________________________________

STATEMENT OF FACTS:

The applicant reenlisted in the Regular Air Force on 7 Jun 77.   He
reenlisted on 1 Jun 82 for a period of six years.  On 1 Apr 82,  he
was promoted to the grade of staff sergeant.

On 21 Mar 85, the squadron  commander  notified  the  applicant  of
administrative discharge board (ADB) action for minor  disciplinary
infractions, and that he could be separated with a under other than
honorable conditions (UOTHC) discharge.  The specific  reasons  for
the proposed action were:

      a.  On 10 Feb 83, he missed a mandatory formation.

      b.  On 3 Mar 83, he missed a mandatory formation.

      c.  On 2 Jun 83, he was an hour and twenty minutes  late  for
work.
      d.  On 29 Aug 83, he was approximately 45  minutes  late  for
work.

      e.  On 28 Aug 84, he was derelict in the performance  of  his
duties.

      f.  On 27 Sep 84, he did not get a haircut when instructed to
do so.

      g.  On 13 Nov 84, he was an hour and twenty-five minutes late
for work.

      h.  On 8 Nov 84, he failed to report to his  place  of  duty,
for with he received an Article 15, on 18 Nov 84.

      i.  On 13 Feb 85, he was derelict in the performance  of  his
duties.

On that same  date,  the  applicant  acknowledged  receipt  of  the
notification and that his  separation  could  result  in  an  UOTHC
discharge.  On 1 Apr 85, the  area  defense  counsel  requested  an
extension  in  the  processing  of  the  discharge   action   until
12 Apr 85.  On that same date, after consulting  with  counsel,  he
acknowledged his rights associated with an ADB hearing  and  waived
his right to submit statements in his own behalf.

The ADB recommended separation with a  general  discharge,  without
probation and  rehabilitation  (P&R).   The  staff  judge  advocate
reviewed the ADB proceedings, found them  legally  sufficient,  and
recommended the applicant receive a general discharge without  P&R.
The discharge authority approved the general discharge without P&R.

On 13 May 85, the applicant was discharged under the provisions  of
AFR 39-10, by reason of Misconduct – Pattern of Minor  Disciplinary
Infractions, with service characterized as general (under honorable
conditions).  He was credited with 7 years, 11 months, and  6  days
of active duty service.

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, WV, indicated on 23 Dec 08, that, on the
basis of data furnished, they are unable to locate an arrest record
(Exhibit C).

___________________________________________________________________

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 during the discharge  process.   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 directive, unduly harsh, or disproportionate  to  the
offenses committed.  We note the lack of post-service documentation
and in view of the seriousness of the offenses committed during the
period of service under  review,  we  are  not  persuaded  that  an
upgrade of his general discharge is warranted.  Therefore,  in  the
absence of evidence to the contrary, we find no basis upon which 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-2008-04303 in Executive Session  on  29  July  2009,  under  the
provisions of AFI 36-2603:

      Mr. Joseph D. Yount, Panel Chair
      Ms. Barbara J. Barger, Member
      Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Nov 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Negative FBI Response.




                                   JOSEPH D. YOUNT
                                   Panel Chair

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