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AF | BCMR | CY2010 | BC-2009-02864
Original file (BC-2009-02864.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-02864
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He wants to receive medical benefits or use the Veterans  Affairs  facility.
He has been a model citizen over the past 28 years since his  discharge  and
feels an upgrade would be beneficial.

In support of his request, the applicant submits copies of his DD Form  214,
Certificate of Release or Discharge from Active Duty and a letter  from  his
senator.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  on  11  Feb  76.   He  was
progressively promoted to the grade of sergeant having  assumed  that  grade
effective and with a  date  of  rank  of  1  Feb  80.   On  15 Apr  80,  his
noncommissioned officer status was vacated and he was reduced  to  the  rank
of senior airman.

On 21 Apr 81, his commander  notified  him  that  he  was  recommending  his
separation from the Air Force under the provisions of Air Force  Manual  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, para 2-15a.

The specific reasons were as follows:

      1)  On 7 Feb 80, the  applicant  failed  to  progress  in  the  weight
control program.  For this offense he received a Letter of Reprimand (LOR).

      2)  On 12 Mar 80, he was disrespectful to  a  superior  officer.   For
this offense he received an LOR.

      3)  On 8 Jun 80, he stole three  boxes  of  baby  diapers.   For  this
offense he received an Article 15.

      4)  On 15 Nov 80, he assaulted a  patient  and  made  improper  verbal
sexual advances to two females.  For this offense he received an LOR.

      5)  On 15 Dec 80, he unlawfully uttered a check.  For this offense  he
received an LOR.

      6)  On 4 Feb  81,  he  was  convicted  by  Special  Court-Martial  for
wrongfully appropriating a bank card of some value which  was  the  property
of another with which he stole $50.00 and $320.00.  He was sentenced to  six
months confinement and was reduced to the grade of airman first  class  with
a DOR and effective date of 3 Jun 81.

A review of the discharge case file by the Deputy Judge Advocate  was  found
legally sufficient.  On 2 Jun  81,  the  discharge  authority  approved  the
applicant’s UOTHC  discharge  without  probation  and  rehabilitation.   The
applicant was discharged on 3 Jun 81.  He served 3 years, 11 months  and  27
days on active duty and had 151 days of lost time due to confinement.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an Investigative Report, which is at Exhibit C.  The  FBI
report and a request for post-service  information  were  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).

_________________________________________________________________

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.  In addition, in view of the contents of the  FBI  Identification
Record we are not persuaded that the  characterization  of  the  applicant’s
discharge warrants an upgrade on the basis of clemency.  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 this application in  Executive
Session on 30 Jun 10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

The following documentary evidence was considered in AFBCMR BC-2009-02864:

    Exhibit A.  DD Form 149, dated 21 Jul 09 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Letter, AFBCMR, dated 1 Dec 09.




                                   Panel Chair

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