RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: 02-01341
INDEX CODE 110.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 1984 general discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While he was stationed at Rhein-Main AB, Germany, he was involved in
helping to identify and process the 241 Marines killed in the suicide
bombing in Beirut, Lebanon.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 17 Jun 81 and was
assigned to McChord AFB, WA as a unit apprentice aircraft mechanic.
During the period in question, he was an airman first class serving
with the 435th Field Maintenance Squadron at Rhein-Main AB, Germany as
a unit flight line support equipment apprentice. His performance
reports from 17 Jun 81 through 18 Nov 83 reflect overall ratings of 9,
7 and 7.
On 12 Aug 83 he was administered an Article 15 for being derelict in
the performance of his duties on 1 Aug 83, i.e., he failed to secure a
pintle hook to tow a diesel generator and failed to disconnect the
generator power cord from the aircraft before the generator was towed.
He made an oral, but not a written, presentation. He was fined $100.00
in pay and received a suspended reduction to airman until 6 Feb 84.
On 3 Nov 83, he was denied the Air Force Good Conduct Medal AFGCM.
On 4 Jan 84 he was placed on the Control Roster for the 12 Aug 83
Article 15 and for receiving a performance report with an overall
rating of 7.
On 9 Jan 84, he was again denied the AFGCM.
On 24 Jan 84, the suspended reduction was vacated because the
applicant drove an automobile without a current operator’s license on
23 Dec 83. He was reduced to the grade of airman with a date of rank
(DOR) of 12 Aug 83. That same day, he received an Article 15 for
failing to go to his appointed place of duty on 16 Jan 84. He was
found asleep in his dorm room. He was reduced to the grade of airman
basic with a DOR of 24 Jan 84 and fined $100.00 in pay.
On 21 Feb 84, the squadron section commander notified the applicant
that he was being recommended for discharge with a general
characterization for a pattern of misconduct. The applicant waived his
right to counsel and to submit statements. The commander subsequently
recommended the applicant be discharged without probation and
rehabilitation with a general characterization. Legal review on 1 Mar
84 found the case legally sufficient. On 5 Mar 84, the wing commander
ordered the applicant’s general discharge.
The applicant was separated in the grade of airman basic with a
general discharge on 3 Mar 84 with 2 years, 8 months and 27 days of
active service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS believes the discharge was consistent with the
procedural and substantive requirements of the discharge regulation.
The discharge was within the discretion of the discharge authority and
they recommend denial.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 31 May 02 for review and comment within 30 days. As of
this date, this office has received no response.
_________________________________________________________________
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 error or injustice. After a thorough review of the
evidence of record and applicant’s submission, we are not persuaded
that his general discharge should be upgraded to honorable. The
applicant’s contentions are duly noted; however, we do not find these
uncorroborated assertions, in and by themselves, sufficiently
persuasive to override the rationale provided by the Air Force. In
this regard, the applicant has not shown that his discharge should be
upgraded on the basis of error, undue harshness, mitigating
circumstances or clemency. We therefore agree with the recommendations
of the Air Force and adopt the rationale expressed as the basis for
our decision that the applicant has failed to sustain his burden of
having suffered either an error or an injustice. Therefore, absent
persuasive evidence to the contrary, we find no compelling basis to
recommend granting the relief sought.
_________________________________________________________________
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 this application in
Executive Session on 3 September 2002 under the provisions of AFI 36-
2603:
Mr. John L. Robuck, Panel Chair
Mr. Billy C. Baxter Member
Ms. Kathleen F. Graham, Member
The following documentary evidence relating to AFBCMR Docket Number 02-
01341 was considered:
Exhibit A. DD Form 149, dated 11 Apr 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 24 May 02.
Exhibit D. Letter, SAF/MRBR, dated 31 May 02.
JOHN L. ROBUCK
Panel Chair
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