ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-00510
110.00 100.06 106.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
RESUME OF CASE:
In an application dated 17 February 1998, the applicant requested that
his reenlistment (RE) code of “2B” be changed to a waiverable code
such as “3A.” The applicant had been discharged in 1982 after 2 years,
1 month and 1 day of active duty for “Unsuitability - Apathy,
Defective Attitude.” He received a general characterization of
service.
On 25 August 1998, the Board considered and denied applicant's
request, concluding the applicant had supplied insufficient evidence
to warrant changing the code. The cover letter forwarding the Board’s
decision advised the applicant that the type of discharge he received
drove the RE code and suggested he provide post-service information
for possible reconsideration.
Complete copies of the cover letter and the Record of Proceedings are
attached at Exhibit F.
In letters dated 22 October and 3 December 1998, the applicant
provided additional documentation and asked for an upgraded discharge
with a corresponding RE code.
Applicant's complete reconsideration request is attached at Exhibit G.
Pursuant to the AFBCMR Staff’s request, the Federal Bureau of
Investigation (FBI) indicated that, on the basis of the data
furnished, they were unable to locate an arrest record on the
applicant (Exhibit H).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After again reviewing the evidence of record, we find no impropriety
in the characterization of the applicant's service. The discharge
appears consistent with procedural requirements and within the
discharge authority’s discretion. Responsible officials appear to have
applied appropriate standards in effecting the separation. The
applicant has not provided persuasive evidence that pertinent
regulations were violated or that he was not afforded all the rights
to which entitled at the time of discharge. We find no error or
injustice regarding his general discharge and, since the discharge
drove the applicant’s RE code, the “2B” he received is valid. It is
true that this Board is not limited to considering only the events
which precipitated the discharge. We have a Congressional mandate
which permits consideration of other factors; e.g., an applicant's
background, overall quality of service, and post-service activities
and accomplishments. Further, we may base our decision on matters of
equity and clemency rather than simply on whether rules and
regulations which existed at the time were followed. However, after
carefully considering the post-service documentation submitted by the
applicant, we do not feel compelled to grant the requested relief on
the basis of clemency. The additional documentation provided does not
overcome the fact that, according to the evidence of record, the
applicant’s military performance and behavior were good when
conditions suited him but less than honorable when they did not.
Accordingly, we are not persuaded that corrective action is
appropriate.
_________________________________________________________________
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 19 January 1999, under the provisions of AFI 36-
2603:
Mrs. Barbara A. Westgate, Panel Chair
Ms. Olga M. Crerar, Member
Ms. Patricia D. Vestal, Member
The following documentary evidence was considered:
Exhibit F. AFBCMR Letter dated 3 Sep 98, w/atchs.
Exhibit G. Applicant's Letters, dated 22 Oct & 3 Dec 98.
Exhibit H. FBI Response.
BARBARA A. WESTGATE
Panel Chair
Complete copies of the cover letter and the Record of Proceedings are attached at Exhibit F. In letters dated 22 October and 3 December 1998, the applicant provided additional documentation and asked for an upgraded discharge with a corresponding RE code. We find no error or injustice regarding his general discharge and, since the discharge drove the applicant’s RE code, the “2B” he received is valid. Exhibit H. FBI Response.
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...
In his 20 April 1998 appeal to the AFBCMR, the applicant requested his honorable discharge be changed to a medical disability discharge. Also provided was a statement from an individual who asserts he saw a drill instructor assault the applicant and “signed a police report on this matter in 1975 for the airforce police.” All of these letters, with their attachments, are at Exhibit I. A copy of the complete evaluation is at Exhibit D. The Chief, Physical Disability Division, HQ AFPC/DPPD,...
AF | BCMR | CY1999 | BC-1998-01124
In his 20 April 1998 appeal to the AFBCMR, the applicant requested his honorable discharge be changed to a medical disability discharge. Also provided was a statement from an individual who asserts he saw a drill instructor assault the applicant and “signed a police report on this matter in 1975 for the airforce police.” All of these letters, with their attachments, are at Exhibit I. A copy of the complete evaluation is at Exhibit D. The Chief, Physical Disability Division, HQ AFPC/DPPD,...
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