AIR FORCE
BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
FEB 2 5 1999
DOCKET NUMBER: 98-01691
COUNSEL: NONE
HEARING DESIRED: NO
Applicant requests his general discharge be changed to honorable.
Applicant's submission is at Exhibit A.
The Air Force Discharge Review Board (AFDRB) denied applicant s
request on 29 July 1998.
In accordance with policy, the
application was forwarded to this Board for further consideration
(Exhibit C). The AFDRB brief 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 AFDRB brief 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 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, Mr. Terry A.
Yonkers, and Ms. Peggy E. Gordon considered this application on
16 December 1998 in accordance with the provisions of Air Force
Instruction 36-2603, and the governing statute, 10, U.S.C. 1552.
I
CHARLENE M. BRADLEY
Panel Chair
'
L'
Exhibits :
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. AFDRB Brief
D. AFBCMR Ltr Forwarding AFDRB Brief
D E P A R T M E N T O F T H E A I R F O R C E
HE ADOUARTERS 55TH W I N G (ACC)
O F F U l T AIR F O R C E BAS E. NEB RASKA
ORANDUM FO
FROM
..
SUBJECT: Letter of Notification
1. I am recommending your discharge fiom the United States Air Force for Misconduct-A
Pattern of Misconduct. The authority for my recommendation is AFPD 36-32 and
MI 36-3208, paragraph 5.50.2. If my recommendation is approved, your service will be
characterized as honorable or general. I am recommending that your service be characterized as
general.
2. My reasons for this action are:
a. On or about 6 Novemeber 1995 you were disrespectful in deportment toward-
or this offense you received nonjudicial punishment consisting a
an effective 27 November 1995. (Atch 1-1)
3 March 1995. (Atch 1-2)
95 you communicated a €heat to another military member,
For this incident you received a letter of reprimand, dated
ou were disrespectful in language and deportment towards
24 March 1994 you failed to report for duty on time to room
t. For these offenses you received nonjudicial punishment
consisting of suspended reduction to the grade of Airman and forfeiture of $75.00 of your pay
per month for two months. (Atch 1-3)
Copies of the documents to .be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising special court-martial jurisdiction or a
higher authority will decide whether you will be discharged or retained in the Air Force. If you
are discharged, you will be ineligible for reenlistment in the Air Force and probably any other
branch of the military.
3.. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
I have made an appointment for you to consul
Bldg 323C, R M 302, Phone 4-3939, at /f&9
Instead of the
appointed counsel, you may have another, if the lawyer you request is in the active military
service and is reasonably available as determined according to AFI 5 1-20 1. In addition to
military counsel, you have the right to employ civilian counsel. The Air Force does not pay
expenses incident to the employment of civilian counsel. Civilian counsel, if employed, must be
readily available.
ea Defense Counsel,
4. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by \\
unless you request and
receive an extension for good cause shown. I will send them to the separation authority.
P Jqs
5. If you fail to consult counsel or to submit statements in your own behalf, your failure will
constitute a waiver of your right to do so.
6. You have been scheduled for a medical examination. You must report to the 55th Medical
Group, Physical Exam Section at 0930 hrs on 5 December 1995 for the examination.
7. Any personal information you flurnish in rebuttal is covered by the Privacy Act Statement as
explained in AFI 36-3208, attachment 2. A copy of MI 36-3208 is available for your use in the
unit orderly room.
8. Execute the acknowledgment provided and return to me immediately.
Attachments:
Atch 1-1; Article 15,27 November 1995.
Atch 1-2; Letter of reprimand, dated 3 March 1995.
Atch 1-3; Article 15,7 April 1994.
The Air Force Discharge Review Board (AFDRB) denied applicant s request on 29 July 1998. (Atch 1-3) Copies of the documents to .be forwarded to the separation authority in support of this recommendation are attached. In addition to military counsel, you have the right to employ civilian counsel.
Accordingly, applicant's request is denied. (Atch 1-3) Copies of the documents to be forwarded to the separation authority in support of this recommendation are attached. Instead of the appointed counsel, you may have another, if the lawyer you request is in the active military service and is reasonably available as determined according to AFI 5 1-201.
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The records indicated applicant had received a Letter of Reprimand for Adultery and found guilty by a Summary Court Martial for Adultery. Discharge is appropriate. (Atch 1-1) Copies of the documents to be forwarded to the separation authority in support of this recommendation are attached.
The AFDRB brief response (Exhibit Board (AFDRB) denied applicant I s In accordance with policy, the .s Board for further consideration was forwarded to applicant for D). Accordingly, applicant's request is denied. Copies of the documents to be forwarded to the separation authority in support of this recommendation are attached.
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