RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02324
INDEX CODE 110.00
COUNSEL: NO
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While he was in service at a young age, he began drinking which caused
many problems. However, his problems still continued even after
discharge. He has been through three rehabs and now has been clean
for 12 years. He is married and runs his own business. He would like
to straighten up the wreckage of his past. Since his discharged, he
has worked at an alcohol drug rehab for 8 1/2 years as a substance
abuse counselor. He presently supervises three crews of men in the
construction field. They travel a lot and he constantly preachs to
them how to keep their lives straighten out due to his own
experiences. He is deeply sorry for his actions.
In support of his application, he submits a personal statement and a
resume.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
17 May 1982 for a period of 4 years. He was discharged from the Air
Force on 11 October 1985 under the provisions of AFR 39-10 (conviction
by court martial) and received a bad conduct discharge. He served 3
years, 4 months and 25 days total active service.
On 5 February 1985, the applicant was tried by a general court-martial
and found guilty of 5 counts of larceny, 13 counts of breaking and
entering, 1 count of entering into a dwelling with intent to commit a
criminal offense and giving a false statement under oath. The
applicant was found guilty and sentenced to a BCD, confinement for 5
months, forfeiture of $397 per month for 6 months, and reduction to E-
1. The member underwent Appellate Review process and his BCD was
upheld. Sentence was adjudged and his discharge ordered on 11 October
1985. He had 77 days lost time and 155 days excess leave.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial. Based upon the documentation in the
file, DPPRS believes the discharge was consistent with procedural and
substantive requirements of the discharge regulation at that time.
DPPRS believes the discharge was within the discretion of the
discharge authority. The applicant did not submit any new evidence or
identify any errors or injustices that occurred in the discharge
processing. Additionally, the applicant provided no facts warranting
an upgrade of his discharge. He has not filed a timely request.
AFPC/DPPRS complete 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 16 August 2002, for review and comment. 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 that failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of material error or injustice. After a general court-
martial for numerous offenses, the applicant was discharged with a bad
conduct discharge. It appears that the responsible officials applied
appropriate standards in effecting the discharge, and the applicant
has not provided persuasive evidence that pertinent regulations were
violated or that he was not afforded all the rights to which he was
entitled. The applicant has failed to sustain his burden of
demonstrating he suffered either an error or an injustice and we
conclude that no basis exist to recommend favorable action on his
request.
_________________________________________________________________
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 Docket Number 02-02324
in Executive Session on 3 October 2002, under the provisions of AFI 36-
2603:
Mr. Wayne R. Gracie, Panel Chair
Ms Kathleen F. Graham, Member
Mr. George Franklin, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Jul 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, DPPRS, 6 Aug 02.
Exhibit D. Letter, SAF/MRBR, dated 16 Aug 02.
WAYNE R. GRACIE
Panel Chair
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