RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02347
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  30 JAN 09

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

Biased statements and correspondence were added to his personnel record and reviewed by the commander of his unit.

In support of his request, the applicant provided a personal statement.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 October 1999 in the grade of airman.  He served as an electrical power production apprentice.  On 26 October 2005, applicant was notified by his commander of her intent to recommend he be discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208, paragraph 5.49.  The specific reasons for this action were as follows:

On 12 May 2005, he failed to show up for his first day of Airman Leadership School (ALS).  Additionally, on 16 & 17 June 2005, he failed to report to work.  For this misconduct he received a Letter of Reprimand (LOR).

On or about 21 June 2005, applicant signed an official statement indicating that on 12 May 2005, he was attending his Speech 100 class, which statement was false in that he did not attend the class on that date.  For this misconduct he received an Article 15, dated 18 July 2005.  His punishment consisted of a reduction in grade from senior airman to airman first class, a suspended forfeiture of $820.00 pay per month for two months, five days extra duty, and a reprimand.

On or about 21 July 2005, he failed to report at the time prescribed to his appointed place of duty.  For this misconduct he received an Article 15, dated 23 August 2005.  His punishment consisted of a reduction in grade from airman first class to airman and a reprimand.

He was advised of his rights and acknowledged receipt of the notification.  After consulting with counsel the applicant waived his right to a hearing before an administrative discharge board and elected to submit a statement on his own behalf.  In a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended he be separated from the Air Force with a general discharge, without probation and rehabilitation.  On 21 November 2005, the discharge authority concurred with the recommendations and directed he be discharged with a general discharge.  Applicant was discharged on 5 December 2005.  He served 6 years, 1 month and 23 days on active duty.

On 13 March 2007, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request that his general discharge be upgraded to an honorable discharge.  The AFDRB concluded the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative due process (Exhibit B).

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states based on the documentation on file in the master personnel records the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.  Applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no facts warranting a change to his general discharge.

The DPPRS complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 August 2007, the evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D).  As of this date, this office has received no response.

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a thorough review of the evidence of record and the applicant's submission, it appears responsible officials applied appropriate standards in effecting his separation, and we find no evidence that the applicable regulations were violated or that the applicant was not afforded all the rights to which he was entitled.  It is our opinion that the discharge proceedings were proper and the characterization of his service was appropriate.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2007-02347 in Executive Session on 20 September 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 July 2007, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 2 August 2007
   Exhibit D.  Letter, SAF/MRBR, dated 17 August 2007.