Search Decisions

Decision Text

AF | BCMR | CY1999 | 9801795
Original file (9801795.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01795
            INDEX CODE 110.02  131.09
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The language in line 28 of his DD Form 214 be removed [i.e., Narrative
Reason:  Unsuitability. - Apathy, Defective Attitude -  Board  Waiver]
and his grade of airman first class be restored.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons applicant believes he has been  the  victim  of  an  error
and/or an injustice are contained in his submission, a  complete  copy
of which is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The contested DD Form 214 erroneously reflected an honorable discharge
when, in fact, the discharge authority directed in a  letter  dated  8
October  1979  that  the  applicant  be  discharged  with  a   general
characterization of service.  This  error  has  been  administratively
corrected, as indicated by Exhibit H.

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

The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are  contained  in  the  letter
prepared by the appropriate office of  the  Air  Force.   Accordingly,
there is no need to recite these facts in this Record of Proceeding.

_________________________________________________________________

AIR FORCE EVALUATION:

The Military Personnel Management Specialist, HQ AFPC/DPPRS recommends
that, since no error or injustice was apparent in his  review  of  the
appeal, the  case  should  be  denied.  The  narrative  reason  is  in
accordance with Department of Defense (DOD) and Air Force guidance.

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

The Chief, Inquiries/AFBCMR Section, HQ AFPC/DPPPWB, reviewed the case
and provided  the  pertinent  information  regarding  the  applicant’s
demotion. The Chief defers to the Board’s decision.

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

Pursuant to an inquiry from the AFBCMR Staff, the  Military  Personnel
Management Specialist, HQ AFPC/DPPRS, again reviewed  the  appeal  and
advised that  the  DD  Form  214  had  been  amended  to  reflect  the
characterization directed by the discharge authority.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the first two Air Force evaluations were  forwarded
to the applicant on 24 August 1998 for review and  comment  within  30
days. On 15 October 1998, the applicant was invited to  provide  post-
service  information.   The  additional  advisory  (Exhibit   H)   was
forwarded to the applicant on 6 January 1999 for review  and  comment.
The applicant was again invited to submit post-service information  as
well as comment on the downgrade  in  his  discharge  characterization
from honorable to general.  As of this  date,  no  response  has  been
received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

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

3.    Insufficient relevant evidence has been presented to demonstrate
the existence  of  probable  error  or  injustice.   After  thoroughly
reviewing the evidence of record and applicant’s  submission,  we  are
not persuaded the  narrative  reason  for  his   discharge  should  be
changed or his grade  restored.  Further,  the  recent  administrative
downgrade of his discharge to correctly reflect the level approved  by
the  discharge  authority  is  appropriate.  The  applicant’s  general
discharge was found to be legally sufficient in 1979 and we agree that
the characterization of and the narrative reason for the discharge are
still appropriate to the existing  circumstances.  The  applicant  has
been advised that the Board may consider upgrading his discharge based
on equity and clemency after  reviewing  other  factors  such  as  his
background, overall quality of service,  and  post-service  activities
and accomplishments. He has been  afforded  several  opportunities  to
provide such information, but as of this date  no  response  has  been
received by this office. Although he asserts he has changed,  we  have
received no evidence that he has been a productive member of  society.
Therefore, as we find no error or injustice  in  the  adverse  actions
taken against him, we have no choice but to recommend this  appeal  be
denied.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that 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  this  application  in
Executive Session on 27 April 1999 under the  provisions  of  AFI  36-
2603:


                 Ms. Patricia J. Zarodkiewicz, Panel Chair
                 Ms. Olga M. Crerar, Member
                 Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 Jun 98, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 6 Aug 98.
   Exhibit E.  Letter, HQ AFPC/DPPPWB, dated 7 Aug 98.
   Exhibit F.  Letter, AFBCMR, dated 24 Aug 98.
   Exhibit G.  Letter, AFBCMR, dated 15 Oct 98.
   Exhibit H.  Letter, HQ AFPC/DPPRS, dated 16 Nov 98, w/atchs.
   Exhibit I.  Letter, AFBCMR, dated 6 Jan 99.




                                   PATRICIA J. ZARODKIEWICZ
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY1999 | 9802809

    Original file (9802809.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-02809 INDEX CODE: 131.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be reconsidered for promotion to staff sergeant (E-5) for the 93A5 cycle (promotions effective Sep 92 - Aug 93) in Air Force Specialty Code (AFSC) 545X2 and to technical sergeant (E-6) for the 98E6 cycle (promotions effective Aug 98 -...

  • AF | BCMR | CY1999 | 9802991

    Original file (9802991.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-02991 INDEX CODE: 100.06 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her reenlistment eligibility (RE) code of 2X be changed to one that will allow her entry into the Air Force or Air Force Reserve. A complete copy of the evaluation is at Exhibit...

  • AF | BCMR | CY1999 | 9803452

    Original file (9803452.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: The Chief Medical Consultant, AFBCMR, states that following separation, the applicant was seen in the Department of Veterans Affairs (DVA) system where a follow-up x-ray actually showed a healing stress fracture of the left tibial metaphysis and he was awarded 10% disability based on this finding. Had a Medical Evaluation Board (MEB) been accomplished with the proper diagnosis (stress fracture of the...

  • AF | BCMR | CY1999 | 9801713

    Original file (9801713.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: The Chief, Inquiries/AFBCMR Section, Enlisted Promotion & Military Testing Branch, HQ AFPC/DPPPWB, states that the first time the contested report was considered in the promotion process was cycle 96E5 to staff sergeant. The applicant provided a statement from his rater, but failed to provide any information/support from the other members of his rating chain on the contested EPR. A complete copy of the...

  • AF | BCMR | CY1999 | 9802602

    Original file (9802602.doc) Auto-classification: Approved

    On 16 Apr 98, he was honorably discharged in the grade of airman (E-2) under the provisions of AFI 36-3208 (unsatisfactory performance), with a separation code of “JHJ”. A copy of the AFDRB Hearing Record is appended at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The Education and Training Branch, HQ AFPC/DPPAT, stated that after reviewing the applicant’s request, reconsideration of his separation code should be approved. RICHARD A....

  • AF | BCMR | CY1999 | BC-1998-00482

    Original file (BC-1998-00482.doc) Auto-classification: Approved

    The 22 August 1997 MHE [performed by the same doctor] advised that the applicant had continued to receive treatment. He contended that his squadron did not return him to the flight line as was recommended by the first MHE. Consequently, we conclude the applicant’s SPD code should be changed to “KFF.” His RE code of “2C” should remain as it reflects his involuntary honorable discharge and, in view of the apparently valid psychiatric diagnosis of Adjustment Disorder, we do not believe he...

  • AF | BCMR | CY1999 | 9800482

    Original file (9800482.doc) Auto-classification: Approved

    The 22 August 1997 MHE [performed by the same doctor] advised that the applicant had continued to receive treatment. He contended that his squadron did not return him to the flight line as was recommended by the first MHE. Consequently, we conclude the applicant’s SPD code should be changed to “KFF.” His RE code of “2C” should remain as it reflects his involuntary honorable discharge and, in view of the apparently valid psychiatric diagnosis of Adjustment Disorder, we do not believe he...

  • AF | BCMR | CY2007 | BC-2007-00400

    Original file (BC-2007-00400.doc) Auto-classification: Denied

    Based on applicant’s DOR to Senior Airman (SrA), he was eligible for promotion consideration to SSgt for cycle 04E5; however, he did not possess the required 5 skill level by the promotion eligibility cutoff date (31 Mar 04) in accordance with AFI 36-2502, Table 2.1, Rule 2. The applicant’s name appeared on a roster reflecting that he was in training status code (TSC) “F” for this cycle as he still had not attained the required 5 skill level by the Promotion Effective Cutoff Date (PECD) 31...

  • AF | BCMR | CY2001 | 0002780

    Original file (0002780.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-02780 INDEX CODE: 110.00 APLICANT COUNSEL: None SSN HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: Applicant requests his reenlistment eligibility code (RE) be changed to allow him entry into the Air National Guard (ANG) _________________________________________________________________ APPLICANT CONTENDS THAT: The...

  • AF | BCMR | CY2003 | BC-2002-02844

    Original file (BC-2002-02844.DOC) Auto-classification: Denied

    The applicant has provided no evidence of a clear error or injustice related to the nonjudicial punishment action. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant...