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AF | BCMR | CY2010 | BC-2009-04564
Original file (BC-2009-04564.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-04564
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Block 24, Character of Service, on his DD Form 214, Certificate  of  Release
or Discharge from Active Duty, be changed from “Not Applicable”  to  general
(under honorable conditions) or honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His  discharge  was  inequitable  because  it  was  based  on  two  isolated
incidents whereby he was  late  to  Technical  School  Training  class.   He
understands the severity of being late to class and paid  a  dear  price  by
his discharge from service.  He had no other  adverse  actions  during  this
time.

In support of his request, the applicant submits a DD Form 293,  Application
for the Review of Discharge or  Dismissal  from  the  Armed  Forces  of  the
United States.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 8 Aug 83, the applicant enlisted in the Regular Air Force.  On 2 Feb  84,
his commander notified him that he was recommending his separation from  the
Air Force under the provisions of Air  Force  Regulation  39-10,  Separation
Upon  Expiration  of  Term  of  Service,  for  Convenience  of   Government,
Minority, Dependency and Hardship, for unsatisfactory conduct.

His specific reasons were as follows:

      a.  On 2 Dec 83, the applicant received an Article 15 for leaving  his
appointed place of duty, without authority, on 26 Nov 83.

      b.  On 9 Jan 84, he received an Article 15 for failing  to  report  on
time on 3 Jan 84.

      c.  On 31 Jan 84, he received a Letter of Reprimand (LOR) for  failing
to report at the prescribed time for mandatory formation on 29 Jan 84.

The Deputy Staff Judge  Advocate  found  the  discharge  case  file  legally
sufficient and recommended the applicant be discharged with  an  entry-level
separation.  The discharge  authority  approved  the  recommended  discharge
without probation and rehabilitation.

He was discharged on 28 Feb 84.  He served 6 months and 21  days  on  active
duty.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOS recommends denial.  DPSOS notes it  has  been  26 years  since
the applicant’s discharge; therefore, his petition  for  correction  of  his
records is untimely.

Although  the  applicant  states  he  was   not   aware   he   received   an
uncharacterized character of service, he signed and received a copy  of  his
completed DD Form 214 upon his discharge from the Air  Force.   DPSOS  notes
at the time of the applicant’s discharge, AFR 35-6,  Separations  Documents,
required that airmen discharged in entry level  status  have  their  service
characterization entered as “Not Applicable” on the DD Form 214.

The complete DPSOS evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 30  Jul
10, for review and comment within 30 days.  As of  this  date,  this  office
has received no response (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 an error or injustice.  We  took  notice  of  the  applicant’s
complete submission in judging the merits of the case,  however;  we  agree
with the opinion and recommendation of the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice.  Therefore,
in the absence of evidence to the contrary, we find no 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  BC-2009-04564  in
Executive Session on 7 Oct 10, under the provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Dec 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOS, dated 26 Jul 10, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Jul 10.




                                   Panel Chair

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