RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02312
COUNSEL: NJ VET AFFAIRS
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was immature at the time of his discharge, and has since grown up to be
a more responsible adult.
He is currently in a nursing home with severe multiple sclerosis and his
medical problems have delayed his ability to request his discharge be
upgraded.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 19 October 1982, the applicant enlisted in the Regular Air Force for a
period of four years.
The applicant was notified by his commander on 29 November 1983, of his
intent to initiate administrative discharge against him for minor
disciplinary infractions. The commander based his recommendaton on the
following:
a. The applicant was disrespectful to the 831st Air Division
Commander on 19 October 1982, in that he did not render proper military
courtesies when he was stopped for speeding as evidenced by a Letter of
Reprimand (LOR), dated 17 November 1982.
b. He was derelict in the performance of his duties on two
occasions as evidenced by an LOR, dated 8 December 1982, and an Article 15,
dated 21 October 1983.
c. He was late for work on three occasions.
d. On 2 April 1983, he allowed an individual not assigned to the
support section to receive a composite tool kit for turn-in.
e. He failed to go to his appointed place of duty on two
occasions, as evidenced by an LOR, dated 11 May 1983.
f. On 31 August 1983, he was in violation of a direct order.
After consulting with legal counsel, he waived his right to present
statements on his own behalf and requested discharge.
The discharge authority approved the discharge without probation and
rehabilitation.
On 5 January 1984, he was discharged under the provision of AFR 39-10
(Pattern of Minor Disciplinary Infractions), with an under honorable
conditions (general) discharge.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends the application be denied and states, in part, that
the discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was within the discretion of
the discharge authority.
The AFPC/DPPRS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant deeply regrets his actions as a young, immature man and has
lived a good life since his discharge.
The applicant’s complete response is at Exhibit E.
_________________________________________________________________
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 thoroughly reviewing the evidence
of record and noting the applicant’s complete submission, we find no
evidence of error or injustice. In this respect, we note that the
discharge appears to be in compliance with the governing Air Force
Regulation in effect at the time of his separation and he was afforded all
the rights to which entitled. The applicant has provided no evidence to
indicate that his separation was inappropriate. There being insufficient
evidence to the contrary, we find no compelling basis to recommend granting
the relief sought.
4. We also find insufficient evidence to warrant a recommendation that the
discharge be upgraded on the basis of clemency. We have considered the
applicant's overall quality of service, the events that precipitated the
discharge, and limited evidence related to his post-service activities and
accomplishments. On balance, we do not believe that clemency is warranted.
_________________________________________________________________
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 Docket Number 02-02312 in
Executive Session on 12 November 2002 under the provisions of AFI 36-2603:
Ms. Peggy E. Gordon, Panel Chair
Ms. Carolyn B. Willis, Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Jul 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 9 Aug 02.
Exhibit D. Letter, SAF/MRBR, dated 23 Aug 02.
Exhibit E. Letter, NJ Veterans Affairs, dated 25 Sep 02.
PEGGY E. GORDON
Panel Chair
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