RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02216 COUNSEL: HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His General (Under Honorable Conditions) discharge be upgraded to Honorable. 2. His Separation Program Designator (SPD) code of GHQ (Ineligible for reenlistment) and Reentry Code (RE) of 2B (Separated with a General or Under Other Than Honorable Conditions Discharge) on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect an Honorable discharge. 3. He be reinstated in the Air Force in the grade of Staff Sergeant (SSgt). ________________________________________________________________ APPLICANT CONTENDS THAT: His involuntary separation from the Air Force was completely unjust and deserves a thorough reevaluation. He was only accused of the offense leading to his discharge and has yet to face any type of prosecution. He agreed to a plea bargain whereby he maintained his declaration of innocence and accepted conditional probation without a finding or adjudication of guilt, or a conviction. His probationary period of two years could be drastically reduced depending upon his behavior. Ultimately, his successful completion of probation will result in the court’s dismissal of all charges against him, clearing his name of any wrongdoing. Although he made some poor choices in the past in selecting individuals to surround himself with, he has not committed any wrongdoing warranting the termination of his Air Force career. In support of his appeal, the applicant provides an expanded statement and copies of his Order for Conditional Discharge, Order of Probation, and information regarding “Alfred Pleas.” The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 14 May 02. On 5 Jan 12, the applicant’s commander notified him she was recommending his discharge from the Air Force for Misconduct: Commission of a Serious Offense, Other Serious Offenses. The reasons for this action were that around 29-30 Apr 11, he committed the following crimes: 1. Aggravated Assault against a Household Member (Deadly Weapon): He pointed a black 12-guage shotgun at another individual and placed it in her mouth over the end of the barrel. 2. Aggravated Assault against a Household Member (No Great Bodily Harm): He grabbed the other individual by her arms and threw her down and strangled her. 3. Bribery of a Witness (Threats) (Reporting): He threatened to hurt and to put the other individual into the hospital if she reported the incident to the police. 4. Interference with Communications: He took the other individual’s cell phone with the intention of keeping her from calling the police. On 18 Jan 12, the applicant acknowledged receipt of the discharge notification, did not waive his right to an administrative discharge board or to military counsel, and indicated he intended to submit statements on his own behalf. On 19 Jan 12, the applicant’s commander recommended he be discharged from the Air Force for Misconduct: Commission of a Serious Offense, Other Serious Offenses. On 5 Mar 12, the discharge authority directed the applicant be discharged with a (General) Under Honorable Conditions Discharge without the opportunity for probation or rehabilitation. On 15 Mar 12, the applicant was discharged for Misconduct (Serious Offense), and was credited with 9 years, 10 months, and 2 days of total active service. The remaining relevant facts pertaining to this application are contained in the letters prepared by the offices of the Air Force office of responsibility which are at Exhibit C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial, indicating there is no evidence of error or injustice. AFI 36-3208, Administrative Separation of Airmen, Paragraph 1.17 provides guidance regarding what to consider when characterizing service, and states in part the characterization of service is based on the quality of a member’s service as reflected in the military record of the current enlistment or period of service including personal conduct, performance of duty, and the reason for separation. Additionally, Paragraph 1.17.2 states you must consider conduct in the civilian community in characterizing service at separation, to include conduct in the civilian community that brings discredit on the Air Force, or conduct prejudicial to good order and discipline, or which adversely affects the quality of the member’s service. The applicant’s crimes brought discredit on the Air Force. A complete copy of the AFPC/DPSOS evaluation is at Exhibit C. AFPC/DPSOA recommends denial of the applicant’s request to change his RE Code of 2B. The applicant received the RE Code of 2B based on his General discharge. The applicant’s discharge stemmed from his aggravated assault against a family member with a deadly weapon. The RE Code of 2B is required per AFI 36-2606 Reenlistment in the USAF, Chapter 5, based on his involuntary discharge. The applicant does not provide any proof of an error or injustice concerning his RE Code. A complete copy of the AFPC/DPSOA evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 7 Aug 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ 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 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 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 the evidence presented did not demonstrate the existence of material 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02216 in Executive Session on 23 Oct 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 May 12, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 20 Jun 12. Exhibit D. Letter, AFPC/DPSOA, dated 12 Jul 12. Exhibit E. Letter, SAF/MRBR, dated 7 Aug 12. Panel Chair