RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-03255
INDEX CODE: 110.00
APPLICANT COUNSEL: American Legion
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In 1983, while stationed at Ellsworth AFB, he received a civilian
driving under the influence charge. He received a monetary fine,
probation, and had to complete an alcohol awareness class. He
complied with the court order on his own time and at no expense to the
Air Force. He was a young man who made a mistake and has paid for it.
He has been sober for nine years. He is in the process of completing
his educational goals and would like the opportunity to complete his
commitment to the Air Force.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Air Force in the grade of airman first
class. He was discharged on 21 Apr 83 for a pattern of misconduct.
He received an under honorable conditions (general) discharge. He
served a total of 2 years, 3 months and 3 days of active service.
The Air Force Discharge Review Board (AFDRB) denied applicant's
request on 26 Jan 89.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigative report which is attached
at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states the applicant has not submitted any evidence nor
identified any errors or injustices that occurred in the processing of
his discharge. Based upon the documentation in the applicant's file,
they believe his discharge was consistent with the procedural and
substantive requirements of the discharge regulations of that time.
Also, the discharge was within the sound discretion of the discharge
authority. DPPRS recommends denying the requested relief.
A complete copy of the Air Staff evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant and counsel reviewed the Air Force evaluation and state
the applicant's discharge may have been appropriate under the
circumstances, but request that his discharge be upgraded based on
clemency. The applicant further stated it has been over ten years
since he has had a drink. He is married with children and tries to
maintain a strong and positive family values for his family. He is
involved in his community. The applicant submitted, in support of his
request, letters attesting to his good character, copies of employment
and educational accomplishments since departing the Air Force.
Applicant's complete response, with attachments is at Exhibit F.
_________________________________________________________________
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 of timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinions and recommendations of the Air
Force and adopt their rationale as the basis for our decision that the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice. Based on the documentation in the
applicant's records, it appears that the processing of the discharge
and the characterization of the discharge were appropriate and
accomplished in accordance with Air Force policy. 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 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 AFBCMR Docket Number 01-
03255 in Executive Session on 7 May 2002 under the provisions of AFI
36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Grover L. Dunn, Member
Mr. George Franklin, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Dec 01, w/atchs.
Exhibit B. Available Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 20 Dec 01.
Exhibit E. Letter, SAF/MRBR, dated 4 Jan 02.
Exhibit F. Letter, Applicant's Response, dated 4 Mar 02,
w/atchs.
VAUGHN E. SCHLUNZ
Panel Chair
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