AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 98-00767
COUNSEL: NONE
HEARING: YES
The applicant requests that his general
conditions discharge be upgraded. Applicant's
Exhibit A.
Pursuant to the request of the Board, the Federal Bureau of
Investigation, Washington, D. C., indicated that, on the basis of
data furnished, they are unable to locate an arrest record.
under honorable
submission is at
The appropriate Air Force office evaluated applicant's request
and provided an advisory opinion to the Board recommending the
application be denied (Exhibit C). The advisory opinion was
forwarded to the applicant for review and response (Exhibit D).
As of this date, no response has been received by this office.
After careful consideration of applicant's request and the
available evidence of record, we find insufficient evidence of
error or injustice to warrant corrective action. The facts and
opinions stated in the advisory opinion appear to be based on the
evidence of record and have not been rebutted by applicant.
Absent persuasive evidence applicant was denied rights to which
entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we find no basis to
disturb the existing record. Accordingly, applicant's request,is
denied.
The documentation provided with this case was sufficient to give
the Board a clear understanding of the issues involved and a
personal appearance, with or without counsel, would not have
materially added to that understanding. Therefore, the request
for a hearing is not favorably considered.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and
will only be reconsidered upon the presentation of new relevant
evidence which was not reasonably available at the time the
application was filed.
Members of the Board Ms. Charlene M. Bradley, Ms. Patricia D,
Vestal, and Mr. Joseph G. Diamond considered this application on
8 October 1998 in accordance with the provisions of Air Force
Instruction 36-2603, and the governing statute, 10, U.S.C. 1552.
CHARLENE M. BRADLEY
Panel Chair
U
Exhibits :
A. Applicant’s DD Form 149
B. Available Master Personnel Records
C, Advisory Opinion
D. AFBCMR Ltr Forwarding Advisory Opinion
2
c
DEPARTMENT O F T H E AIR FORCE
HEADQUARTERS AIR FORCE PERSONNEL CENTER
MEMORANDUM FOR AFBCMR
FROM: HQ AFPCDPPRS
550 C Street West Ste 11
Randolph AFB TX 78150-4713
SUBJECT: Application for Correction of Military Records -
The applicant, while serving in the grade of airman, was discharged from the Air Force 09 Jan
74 under the provisions of AFM 39-12 (Unsuitable) with an under honorable conditions (General)
discharge. He served 01 year 08 months and 11 days total active service.
-
I
Requested Action. The applicant is requesting upgrade of his discharge to honorable.
Basis for Reauest. Applicant claims that he was given a negative discharge due to persondky
conflicts.
f
Facts. Applicant was notified by his commander on 05 Dec 73 that he was initiating action
with a view to involuntarily discharge him from the USAF. The commander advised that an
Evaluation Officer would be appointed to review his m e . The commander hrther advised the
reasons for his proposed action was for his character and behavior disorder as diagnosed by the
USAF Clinic The medical evaluation indicated applicant possesses an immature personality with
passive aggressive behavior. His personnel file contained numerous disciplinary punishment
actions (three Article 15s and one Letter of Reprimand) for offenses such as AWOL, failure to
repair and failure to obey a lawful order. Applicant w a s Sorded the right to submit rebuttals and
submit a statement in his own behaKhowever, he waived his right to submit a statement. An
Evaluation Officer was appointed and reviewed the case with the applicant and the applicant
indicated that he was not satisfied with his job and desired separation fiom the Air Force. The
Evaluation Officer findings were that the applicant was unsuitable for hrther military service, he
has a character and behavior disorder and recommend the applicant be discharged fiom the Air
Force for repeated offenses requiring disciplinary punishment and that he be given a general
discharge and that he not be offered rehabilitation opportunities. On 02 fan 74, the discharged
authority approved the recommendation of the Evaluation Officer and directed the applicant be
given a general discharge certificate.
9800767
. . . - . . . - . - - .
I
Discussion. This case has been reviewed for separation processing and there are no errors or
irregularities causing an injustice to the applicant. The discharge complies with directives in effect
at the time of his discharge. The records indicate his military service was reviewed and
appropriate action was taken,
Recommendation. Applicant did not identrfy any specific errors in the discharge processing nor
provide facts which warrah an upgrade of the discharge he received. The discharge was
consistent with the procedural and substantive requirement of the discharge regulation and was
within the discretion of the discharge authority. Applicant was afforded due process as required
by law and regulation. Accordingly, we recommend applicant’s request be denied. He has not
filed a timely request.
JOHNC. WOOTEN, GS-9
Military Personnel Mgmt Spec
Separation Branch
Dir of Personnel Program Management
9800767
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