RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02154
INDEX CODE: 110.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is a very mature, stable individual and he gets along well with
people. Most people who know him say he is relaxed, easy going and
does his job well. He wants his discharge to reflect that he was
honorably discharged. The US is the greatest country in the world and
he would like to serve his country with honor and pride. He would
fight for this country's freedom with a gun in one hand and a bible in
the other.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 26 November 1982 in
the grade of airman basic for a period of 4 years.
On 26 April 1985, applicant was notified of his commander's intent
to initiate discharge action against him for a pattern of misconduct
consisting of minor disciplinary infractions. The specific reasons
for the discharge action were as follows:
a. On 24 July 1984, the applicant received a letter of
counseling (LOC) for failing to maintain AFR 35-10 standards and
disrespect to his supervisor.
b. On 4 October 1984, the applicant received a LOC reminding
him of what is expected while in the Air Force and 341st Supply
Squadron.
c. The applicant received a LOC on 11 October 1984 for
repeated dormitory inspection write-ups.
d. On 7 December 1984, the applicant received a LOC for lack
of integrity and honesty during an exercise by covering for a
friend, which made him unavailable during the exercise.
e. The applicant received a LOC on 8 February 1985, regarding
AFR 35-10 standards. It was reported to his supervisor that Col H.
suggested the applicant needed a haircut and mustache trim.
f. On 21 February 1985, the applicant received a LOC for AFR
35-10 violation and disrespect toward supervision.
g. The applicant received a Letter of Reprimand (LOR) on 21
February 1985 for operating a vehicle in a careless manner by
striking a parked vehicle, failing to stop and identify himself and
failing to give notice of the accident by the quickest means on 14
February 1985 in the city of Great Falls, MT.
h. On 23 April 1985, the applicant received an Article 15 for
dereliction of duty and failure to obey a lawful general regulation.
His punishment consisted of reduction to airman, forfeiture of
$50.00 a month for two months and restriction to the limits of the
base for 30 days.
The commander advised applicant of his right to consult legal
counsel and that legal counsel had been obtained to assist him and
to submit statements in his own behalf. He was advised that failure
to consult with counsel or submit statements could constitute his
waiver of his rights to do so.
The commander indicated in the recommendation for discharge action
that the applicant's supervisor repeatedly counseled him with
negative results.
On 29 April 1985, after consulting with counsel, applicant waived
his right to submit a statement.
A legal review was conducted on 8 May 1985 in which the staff judge
advocate recommended the applicant be discharged with a general
discharge with no probation and rehabilitation.
A resume of applicant's performance reports follows:
PERIOD ENDING OVERALL EVALUATION
25 November 1983 9
20 May 1984 9
25 April 1985 6
Applicant was discharged on 9 May 1985, in the grade of airman with
an under honorable conditions (general) discharge, in accordance
with AFR 39-10, paragraph 5-46 for misconduct-a pattern of minor
disciplinary infractions. He served a total of 2 years, 5 months
and 14 days of active service.
The applicant submitted a request to the Air Force Discharge Review
Board (AFDRB) to have his under honorable conditions (general)
discharge upgraded to honorable. They denied the applicant's
request on 25 August 1997.
Pursuant to the Board’s request, the Federal Bureau of investigation,
Washington, D.C., indicated on the basis of the data furnished they
were unable to locate an arrest record (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. Based on the information and evidence provided they
recommend the applicant's request be denied (Exhibit D).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states the LOCs and LORs on file were submitted by his
supervisor (SSgt P.). During the timeframe that SSgt P. supervised
him, she repeatedly made comments pertaining to her private life. He
felt her comments were out of context as his supervisor. He reported
her conduct to the first sergeant and from that time on SSgt P. made
it impossible for him to complete his duties to her satisfaction. SSgt
P's. means for disciplining him was to write him up for minor
disciplinary actions.
The applicant further states he was not informed he had to submit a
statement. He chose to accept the discharge because he felt he could
not receive adequate representation under SSgt P.'s direction. His
former supervisor MSgt B. states in a letter that the applicant's
discharge was a result of SSgt P.'s poor supervisory skills. He was
21 years old at the time of these events and it was impossible to up
come with facts to support his case except the letter from his former
supervisor. He requests that consideration be given to the events
preceding his discharge, the events of SSgt P's. discharge and the
opinion of others who have worked under SSgt P. This will prove that
SSgt P. was unable to contain her affairs and directed her aggravation
on the applicant by finding his work ethics inapt (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 opinion and recommendation 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 02-
02154 in Executive Session on October 29, 2002 under the provisions of
AFI 36-2603:
Ms. Peggy E. Gordon, Panel Chair
Mr. Christopher Carey, Member
Mr. Billy C. Baxter, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Jul 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 2 Aug 02.
Exhibit E. Letter, SAF/MRBR, dated 9 Aug 02.
Exhibit F. Applicant's Response, dated 31 Aug 02.
PEGGY E. GORDON
Panel Chair
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