RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-00152
INDEX CODE: A60.00, A61.01/02
COUNSEL: None
HEARING DESIRED: No
APPLICANT REQUESTS THAT:
1. His under honorable conditions (general) discharge be upgraded to
honorable.
2. His reenlistment eligibility (RE) code be changed.
APPLICANT CONTENDS THAT:
He served his country honorably and would like the record to show this.
In support of his appeal, the applicant provided a letter of recommendation
from his Army National Guard (ANG) commanding officer and a copy of his DD
Form 214 (Certificate of Release or Discharge From Active Duty).
Applicant’s complete submission is attached at Exhibit A.
STATEMENT OF FACTS:
On 19 Mar 82, the applicant enlisted in the Regular Air Force for a period
of four years in the grade of airman basic.
Applicant received an Airman Performance Report (APR) rendered for the
period 19 Mar 82 through 21 Nov 82 with an overall rating of 9 and a
referral APR rendered for the period 22 Nov 82 through 21 Nov 83 with an
overall rating of 6.
On 12 Dec 83, the applicant’s commander recommended he be involuntarily
discharged for a pattern of minor disciplinary infractions. Applicant had
been cited for being drunk and disorderly at the Noncommissioned Officers
Club (NCO), had been counseled for his failure to go, and for writing a
personal check to the Base Exchange without sufficient funds. The
commander advised the applicant that he had a right to counsel and the
right to submit a statement in his own behalf to the discharge authority.
Applicant consulted counsel and submitted a written statement requesting
that he be given an honorable discharge because the infractions he
committed were very minor and he was never offered an Article 15 punishment
to get his attention and to let him know that he was in trouble. The
recommendation for discharge for misconduct was approved and the commander
directed that applicant be given an under honorable conditions (general)
discharge.
On 23 Dec 83, the applicant was discharged under the provisions of AFR 39-
10 (Misconduct-Pattern of Minor Disciplinary Infractions) in the grade of
airman first class with an under honorable conditions (general) discharge
and an RE code of 2B (Separated with other than an honorable discharge).
He was credited with 1 year, 9 months, and 5 days of active service.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI),
Clarksburg, West Virginia, provided an investigative report which is
attached at Exhibit C.
AIR FORCE EVALUATION:
The Military Personnel Management Specialist, AFPC/DPPRS, reviewed this
application and indicated that applicant did not identify any specific
errors in the discharge processing. However, considering the discharge
occurred over 16 years ago for minor infractions and in view of the
applicant’s accomplishments since his discharge and the information in his
application and case file, DPPRS recommends clemency. If a check of the
FBI files proves negative, they recommend the discharge be upgraded to
honorable.
A complete copy of the Air Force evaluation is attached at Exhibit D.
The Special Programs & BCMR Manager, AFPC/DPPAES, also reviewed this
application and indicated that a review of applicant’s case file was
conducted and the RE code “2B” is correct. The type of separation drove
assignment of the RE code.
A complete copy of their evaluation is attached at Exhibit E.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to applicant on 31 Mar
00 for review and response. As of this date, no response has been received
by this office.
A copy of the FBI report was forwarded to applicant on 8 Jun 00 for review
and response. 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 careful consideration of
the available evidence, we found no evidence that the applicant’s discharge
was improper or contrary to the provisions of the governing regulations in
effect at the time, or that the actions taken against him were based on
factors other than his own misconduct. In addition, we note that
applicant’s assigned RE Code of 2B accurately reflects his involuntary
separation with a general discharge. Based on a review of the limited post-
service evidence provided, we are not persuaded that an upgrade of the
characterization of the applicant’s discharge to fully honorable or that a
change of his RE Code is warranted on the basis of clemency. Therefore,
based on the available evidence of record, we find no basis upon which to
favorably consider this application.
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 28 September 2000, under the provisions of Air Force Instruction
36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Jay Jordan, Member
Mr. Laurence Groner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Jan 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 6 Mar 00.
Exhibit E. Letter, AFPC/DPPAES, dated 16 Mar 00.
Exhibit F. Letter, AFBCMR, dated 8 Jun 00.
WAYNE R. GRACIE
Panel Chair
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