RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01999
INDEX NUMBER: 110.00
XXXXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_______________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
_______________________________________________________________
APPLICANT CONTENDS THAT:
He was informed at the time of separation that within six months of his
discharge date, he could file for upgrade to an honorable discharge,
but has never done so.
The applicant’s complete submission, with attachments, is at Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 3 Apr 80 in the grade of airman
basic. He was discharged from the Air Force on 27 Aug 81 in the grade
of airman for apathy and defective attitude based on the following:
a. Letter of Reprimand (LOR), dated 5 Dec 80, for loitering on
post.
b. LOR, dated 11 Dec 80, for dereliction of duty and violation
of weapon safety.
c. Letter of Counseling, dated 30 Mar 81, for being 55 minutes
late for guardmount.
d. Nonjudicial punishment, dated 27 May 81, for failure to
show for scheduled training.
e. Recommendation by his supervisor that he be discharged.
f. Vacation of nonjudicial punishment, dated 9 Jul 81, for
failure to go to guardmount at the time prescribed.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends that the applicant’s request be denied. The
applicant did not submit any new evidence or identify any errors or
injustices that occurred in the discharge process. He provided no
other facts warranting an upgrade of the discharge.
The complete evaluation is at Exhibit C.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 14
Sep 01 for review and comment within 30 days. To date, a response has
not been received.
_______________________________________________________________
FBI REPORT:
Pursuant to the Board’s request, the Federal Bureau of Investigation
(FBI), Clarksburg, WV, provided a Report of Investigation pertaining to
applicant.
The complete report is at Exhibit F.
_______________________________________________________________
APPLICANT”S RESPONSE TO FBI REPORT:
A copy of the FBI report was forwarded to the applicant on 23 Oct 01
for review and comment within 30 days. To date, a response has not
been received.
_______________________________________________________________
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 took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt their rationale as the basis
for our conclusion that the applicant has not been the victim of an
error or injustice. We also note that the FBI report obtained on the
applicant was unfavorable and that he failed to provide any other input
for the Board’s consideration. Therefore, in the absence of evidence
to the contrary, we find no compelling basis to recommend granting the
relief sought in 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 19 December 2001, under the provisions of AFI 36-
2603:
Mr. Terry A. Yonkers, Panel Chair
Mr. E. David Hoard, Member
Ms. Barbara J. White-Olson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Aug 01, W/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPRS, dated 29 Aug 01.
Exhibit D. Letter, SAF/MIBR, dated 14 Sep 01.
Exhibit E. Letter, AFBCMR, dated 23 Oct 01.
Exhibit F. FBI Report, undated.
TERRY A. YONKERS
Panel Chair
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