AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  97-03074 

COUNSEL :  NONE 
HEARING DESIRED:  NO 

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APPLICANT REQUESTS THAT: 

His discharge be changed to general. 

APPLICANT CONTENDS THAT: 

Applicant  does  not  claim  an  injustice  in  the  under  other  than 
honorable discharge  he  received but  states that he  has  changed 
for the better. 

In support of the appeal, applicant submits statements reflecting 
upon his post-service record. 

Applicant's complete submission is attached at Exhibit A. 

STATEMENT OF FACTS: 
On 29 Sep 81, the applicant enlisted in the Regular Air Force in 
the grade of airman basic  (E-1). 

On  19  Dec  81,  applicant  was  involved  in  an  incident  of 
disorderliness on station.  On 21 Dec 81, he was referred to the 
Alcohol Evaluation Process and received an Article  15 on 22 Dec 
81. 

On 22 Jan 82, applicant submitted a request for discharge under 
paragraph  2-78,  Air  Force  Manual  39-12,  for  the  good  of  the 
service,  because  he  was  subject  to  court-martial  action. 
Applicant did consult counsel.  He also indicated that he  fully 
understood that if the discharge were approved, it may result in 
his receiving a discharge under other than honorable conditions, 
regardless of the recommendation of his commander.  On 26 Jan 82, 
the  commander recommended the request for discharge be  approved 
for  the  following  reasons: 
Applicant  exhibited  violent  and 
impulsive  tendencies with  a  total lack  of  respect  for military 
rules and regulations.  He was apprehended by the Security Police 
on 17 Jan 82 for assault in an incident also involving assault of 

97-03074 

a  Security  Police  officer,  use  of  provoking  speeches  and 
gestures, disobedience to a lawful order, resist of apprehension, 
drunkeness and disorderliness, and disrespect to an officer. 

On 29 Jan 82, the applicant while serving in the grade of airman 
basic, was discharged under provisions of AFM  39-12  (Request for 
Discharge for the good of the service) with an under other than 
honorable conditions discharge.  He served 4 months and L d a y  of 
active service. 

Pursuant  to  the  Board's  request,  the  Federal  Bureau  of 
Investigation, Washington,  D.C.,  indicated on  the  basis  of  the 
data furnished they were unable to locate an arrest record. 

A complete copy of the evaluation is attached at Exhibit C. 

AIR FORCE EVALUATION: 

The Military Personnel Management Specialist Separations Branch, 
AFPC/DPPRS,  reviewed  the  application  and  states  that  the 
discharge  was  consistent  with  the  procedural  and  substantive 
require*ments of  the  discharge  regulation  and  was  within  the 
discretion or the discharge authority and that the applicant was 
provided  full  administrative  due  process. 
Therefore,  they 
recommend denial of applicant's  request. 

A complete copy of the evaluation is attached at Exhibit D. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

Applicant reviewed the Air Force evaluation and states that he is 
not disputing the facts that occurred on 22 Jan 82.  He is guilty 
of  the  events  listed.  He  states  the  Air  Force  conducted  the 
procedures to his discharge appropriately and professionally.  He 
states that he can not present any tangible evidence; but he can 
however  sincerely  and  truthfully  apologize  for  his  disgraceful 
behavior  and  uncalled  for  actions  that  night.  He  states  that 
alcohol played  a big  factor on  that  day  and  robbed  him  of  the 
life he shall never know. 

Applicant's complete response is attached at Exhibit F. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
law or regulations. 

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97- 03074 

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

3.  Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  igjustice 
warranting  upgrading  of  applicant' s  discharge  to  entry  level 
separation.  After  reviewing  the  evidence  of  record,  the Board 
believes that the type of discharge applicant received was unduly 
harsh. 
While  applicant's  separation  from  the  Air  Force  was 
appropriate,  based  on  his  overall  record,  we  believe  that 
applicant should have been given an entry level separation.  In 
addition, we note that the applicant states that he realizes that 
alcohol played  a big  factor on  that  day  and  robbed him  of  the 
life he  shall never  know.  He  also  states that  he  can however 
sincerely and  truthfully apologize for his  disgraceful behavior 
and uncalled for actions that night.  In view of the above and in 
the interest of equity, recommend his discharge be changed to an 
entry  level  separation. 
Applicant's  request  for  a  general 
discharge was considered; however, in view of his misconduct and 
length of time served, we  do not believe a general discharge is 
justified . 

THE BOARD RECOMMENDS THAT: 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT,  be  corrected to  show that  on  29 January 
1982, under the provisions of AFM  39-12, he was  discharged with 
an entry level separation. 

The following members of the Board considered this application in 
Executive Session on  7 April  1998, under  the provisions  of  A F I  
36-2 603 : 

Mr. Vaughn E. Schlunz, Panel Chair 
Mr. Robert W. Zook,  Member 
Mr. Michael P. Higgins, Member 
Ms. Phyllis L. Spence, Examiner  (without vote) 

A l l   members  voted  to  correct  the  records, as  recommended.  The 
following documentary evidence was considered: 

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97-03074 

Exhibit A.  DD Form 149, dated 30 Jun 93. 
Exhibit B.  Applicant's  Master Personnel Records. 
Exhibit C.  Letter,  AFMPC/DPMAJ,  dated  10 N o v   93. 
Exhibit D.  Letter,  AFPC/DPPRS,  dated 3 Dec 97. 
Exhibit E.  Letter,  AFBCMR,  dated 11 N o v   93. 
Exhibit  F.  Applicant's  Response,  undated. 

tdL* 

AUG  N  E.  SCHLUNZ 
Panel Chair 

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4 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

JUN 1 2  1998 

Office of the Assistant Secretary 

AFBCMR 97-03074 

MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the Air Force Board for 

Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code (70A Stat 116), it is directed that: 

AFM 39-12, he was discharged with an entry level separation. 

itary records of the Department of the Air Force relating to- 
be corrected to show that on 29 January 1982, under the provisions of 

Director 
Air Force Review Boards Agency