RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-03511
INDEX CODE: 110.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While stationed at Wallace Air Base in the Philippines, he displayed a
serious error in judgment and smoked marijuana. Although this was an
isolated incident on an otherwise unremarkable disciplinary record, he was
discharged. At the time of this infraction, he was a stupid, brash twenty
year old. He made a mistake that has continued to haunt him for the past
twelve years. When he thinks of the things he has accomplished since his
discharge, they somehow seem diminished because of his folly. He has put
himself through school and received degrees first in Respiratory Therapy,
then in a Physician Assistant program. He worked full time to pay his way
and graduate both programs at the top of his class. He now works as a
Physician Assistant in a large family practice. He has been married for
seven years and has a five-year old daughter. He has avoided use of all
drugs including alcohol and has become a respectable contributing member of
society. He humbly requests that his discharge be upgraded so he can
experience some closure on that time in his life.
In support of his request, he submits Respiratory Therapist certificate, an
Associate of Applied Science for Physician Assistant certificate, and
letter of recognition.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant’s military records, are contained in the brief
prepared by the Air Force Discharge Review Board (AFDRB) (Exhibit C) and
the letter prepared by the appropriate office of the Air Force (Exhibit D).
Accordingly, there is no need to recite these facts in this Record of
Proceedings.
Applicant’s request for an upgrade of discharge was denied by the AFDRB on
12 September 1989.
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 (Exhibit F).
_________________________________________________________________
AIR FORCE EVALUATION:
The Military Personnel Mgmt Spec, Separations Branch, Dir of Personnel
Program Management, AFPC/DPPRS, reviewed this application and states that
the 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 member’s military service was reviewed and appropriate
action was taken. The applicant did not identify any specific errors in
the discharge processing nor provide facts that warrant an upgrade of his
discharge he received. Accordingly, they recommend denial of applicant's
request.
A complete copy of the Air Force evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 3 May 1999, a copy of the Air Force evaluation was forwarded to the
applicant for review and response within 30 days. 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. We find no impropriety in the
characterization of applicant's discharge. It appears that responsible
officials applied appropriate standards in effecting the separation, and we
do not find persuasive evidence that pertinent regulations were violated or
that applicant was not afforded all the rights to which entitled at the
time of discharge. We conclude, therefore, that the discharge proceedings
were proper and characterization of the discharge was appropriate to the
existing circumstances.
4. We also find insufficient evidence to warrant a recommendation that
the discharge be upgraded on the basis of clemency. We have considered
applicant’s overall quality of service, the events which precipitated the
discharge, and available evidence related to post-service activities and
accomplishments. On balance, we do not believe that clemency is warranted.
_________________________________________________________________
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 5 October 1999, under the provisions of AFI 36-2603:
Mrs. Barbara A. Westgate, Panel Chair
Mr. Edward Parker, Member
Mr. Patrick R. Wheeler, Member
Ms. Gloria J. Williams, Examiner (without vote)
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Dec 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. AFDRB Brief, dated 12 Sep 89.
Exhibit D. Letter, AFPC/DPPRS, dated 8 Apr 99.
Exhibit E. Letter, AFBCMR, dated 3 May 99.
Exhibit F. FBI Report w/d.
BARBARA A. WESTGATE
Panel Chair
However, his record as a 17 year old was never expunged. Pursuant to the Board’s request, a letter was sent to the applicant concerning submission of additional post-service evidence (Exhibit E). We therefore conclude that no basis exists to recommend favorable action on the applicant’s request.
AF | BCMR | CY1999 | BC-1998-00517
Separation from the Air Force at that time was the proper recommendation. A complete copy of the DPPRS evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to applicant on 3 Aug 98 for review and response. The evidence of record reflects that the applicant was honorably discharged for a character and behavior disorder.
Separation from the Air Force at that time was the proper recommendation. A complete copy of the DPPRS evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to applicant on 3 Aug 98 for review and response. The evidence of record reflects that the applicant was honorably discharged for a character and behavior disorder.
It appears that the responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that applicant was not afforded all the rights to which entitled at the time of discharge. Under our broader mandate and after careful consideration of all the facts and circumstances of applicant's case, the majority of the Board is persuaded the applicant has been a productive member of society. Applicant's...
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