.
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
AUG 1 4 a
IN THE MATTER OF:
DOCKET NO: 98-00879
COUNSEL: None
HEARING DESIRED: Yes
Applicant requests his reenlistment eligibility (RE) code be
changed. Applicant's submission is at Exhibit A.
On December 4, 1997, the Air Force Discharge Review Board (AFDRB)
denied applicant's request to upgrade his discharge and change
the reason for discharge. 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 AFDRB Brief and advisory opinion were forwarded to the
applicant for review and response
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 AFDRB Brief 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.
(Exhibit D).
Accordingly, applicant's request is denied.
The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
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. Martha Maust, Mr. Richard A. Peterson
and Mr. Patrick R. Wheeler considered this application 4 August
1998 in accordance with the provisions of Air Force Instruction
36-2603 and the governing statute, 10 U.S.C. 1552.
Mdtha Maust/
Panel Chair
Exhibits:
A. Applicant's DD Form 149 .
B. Available Master Personnel Records
C. Advisory Opinion
D. AFBCMR Ltr Forwarding Advisory Opinion
.
DEPARTMENT OF THE AIR FORCE
HEADOUARTERS 386TH WING (ACC)
MOUNTAIN HOME AIR FORCE BASE, IDAHO
3 0 3 K 1996
FIPPrPIS11)6,726 ACS
MEMORANDUM FOR A 1
FROM: 726 ACSKC
SUBJECT: Notification Memorandum
I am recommending your discharge from the United States Air Force for a pattern of
misconduct, specifically, discreditable involvement with military or civil authorities. The ,
authority for this action is AFPD 36-32 and MI 363208, paragraph 5.50.1.
If my
recommendation is approved, your service will be characterized as under honorable
conditions (general).
I am recommending that your service be characterized as under
honorable conditions (general).
My reasons for this action are:
4 June 1996, you did, with intent to deceive, make to Staff Sergeant
you were on quarters 13
a false official statement
hours you had gone to th
which statement was then known by you to be
anuary 1996 to on or about 22 M
you cointnitted sodomy and wrong
woman who was not your wife. As a result of this inisconduct, you received nonjudicial
punishment under Article 15. UCMJ on 17 July 1996. (Atch I).
b. On or about IS May 1996, you were derelict in the performance of your duties by
failing to complete a task. Specifically, you failed to put the April TDY orders in the April
TDY folder. On 13 May 1996, you violated a quarters restriction. As a result of this
misconduct, you received a letter of reprimand (LOR) on 4 June I996 (Atch 2).
c. On or about 14 May 1996, you failed to go to your appointed place of duty
Additionally, you were derelict in the performance of' your duties in that you failed to pick
up messages as you were asked to do. As a result of this misconduct, you received ail
LOR on 14 May 1996. (Atch 3).
d. On 22 April 1996. you failed to bring in your CDCs to your supcrvisoi. as you were
asked to do. As a result of this miscontluct, you rcccivcd an LOC 011 23 April 1996.
(Atch 4).
Execute the attached acknowledgment and return it to me immediately.
C o m m a n w t h Air &ntrol Squadron
Attachments:
1. AF Form 3070, 17 Jul96
2. LOR, 4 Jun 96
3. LOR, 14 May 96
4. LOC, 23 Apr 96
5 . LOR, 30 Oct 95
6 . LOC, 16 Oct 95
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