RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02510 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He received an Article 15 for underage drinking. In support of his request, the applicant provides a copy of his DD Form 2697, Report of Medical Assessment, and a copy of AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 12 May 09. His commander recommended him for discharge under the provisions of AFPD 36-32 and AFI 36-3208, paragraph 5-49 for failing to refrain from consuming alcoholic beverages while under the legal drinking age of 21, departing his appointed place of duty without authority, failing to wear the appropriate uniform while in phase 1, and for being arrested for speeding and careless and reckless endangerment. He received Article 15s and a Letter of Reprimand for these actions. After a legal review of the case file, the staff judge advocate approved the findings of the discharge board. The applicant’s commander approved the recommendation of the discharge board on 7 Oct 10. On 7 Mar 11, a Dual Action review was conducted by the Secretary of the Air Force Personnel Council (SAFPC). SAFPC reviewed the applicant’s discharge for Minor Disciplinary Infractions as well as his Disability Evaluation System case IAW the governing regulations. After reviewing all available facts and evidence, SAFPC determined there was no causal relationship between the member’s medical condition and his misconduct, and there were insufficient mitigating factors to disregard the disciplinary action. Therefore, SAFPC determined that execution of the previously approved AFI 36-3208 action was appropriate. The applicant received a general discharge on 16 Mar 11 after serving 1 year, 10 months, and 5 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. Based on the applicant’s overall performance, the discharge authority approved a general discharge. According to the governing AFIs, a general discharge is appropriate when the “significant negative aspects of the airman’s conduct or performance of duty outweighs positive aspects of the airman’s military record.” In this case, the applicant’s misconduct clearly outweighed the positive aspects of his service. DPSOS states the applicant demonstrated a lack of respect for authority and a total disregard for policies and procedures throughout his active duty tour. The applicant does not provide any evidence of an error or injustice that occurred in the discharge processing. The discharge was consistent with procedural and substantive requirements of the discharge instruction, and was within the discharge authority’s discretion. The DPSOS complete evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 28 Oct 11 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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 probable error or injustice. After careful consideration of the available evidence, we found no indication the actions taken to effect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or the actions taken against the applicant were based on factors other than his own misconduct. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request. _________________________________________________________________ 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-2011-02510 in Executive Session on 29 Nov 11, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, undated, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 27 Sep 11. Exhibit D. Letter, SAF/MRBR, dated 28 Oct 11. Panel Chair