RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03201
INDEX CODE: 110.00, 112.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable or his reenlistment
eligibility (RE) code be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not do anything that would warrant this kind of a discharge.
People who got Article 15’s stayed in after tech school, a lot of
people who did more than fail a room inspection were not discharged.
Furthermore, he passed the block but they still took him out of
school.
In support of the appeal, applicant submits a DD Form 293, Application
for the Review of Discharge or Dismissal from the Armed Forces of the
United States. Applicant's complete submission, with attachment, is
attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 7 June 2000.
On 23 May 2001, the commander notified the applicant that he was being
discharged from the Air Force for unsatisfactory duty performance and
minor disciplinary infractions. He recommended a general discharge
without probation and rehabilitation. Basis for the action was from
16 February 2001 to 27 April 2001, applicant received 3 Records of
Individual Counseling, dated 16 March, 20 March and 27 March 2001, for
failing dorm inspection, dereliction of duty and a uniform violation,
and 5 Letters of Reprimand, dated 16 February, 23 March, 4 April,
11 April and 27 April 2001, for overindulgence of alcohol, dereliction
of duty, failed dorm room inspection, failure to go and violation of
lawful general instruction. Applicant was disenrolled from the
medical lab apprentice course for academic reasons. He failed 18
blocks of instruction. Applicant waived his rights to consult with
counsel and submit statements. The discharge case file was reviewed
by the base legal office and found to be legally sufficient to support
separation. On 30 May 2001, the Discharge Authority approved
separation and ordered a general discharge.
The applicant, while serving in the grade of airman, was separated
from the Air Force on 31 May 2001 under the provisions of AFI 36-3208,
Administrative Separation of Airmen (unsatisfactory duty performance
and minor disciplinary infractions), and received an under honorable
conditions (general) discharge. He served 11 months and 24 days of
total active service.
The Air Force Discharge Review Board (AFDRB) denied applicant’s
request for an upgrade of his general discharge to honorable on 12
October 2001. The AFDRB decision document is at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states that they believe the discharge was consistent with
the procedural and substantive requirements of the discharge
regulation. Additionally, the discharge was within the discretion of
the Discharge Authority. They recommend the applicant’s records
remain the same and his request be denied.
A complete copy of the evaluation is attached at Exhibit C.
AFPC/DPPAE states that the RE code of 2B, “Involuntarily separated
with a general or under other than honorable conditions discharge” is
correct.
A complete copy of their evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states that he
requested an upgrade in his discharge and received a letter from the
Record Corrections Department saying he had gotten a general discharge
under other than honorable conditions which is not true. His
discharge was general under honorable conditions (so please don’t
slander him!!!) He states, Dear Correction Authority for once admit
that your end made the mistake, his discharge, please check, it was
general under honorable conditions.
A complete of applicant’s response is attached at Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. Evidence has not been provided
which would lead us to believe the aplicant’s discharge was improper.
Contrary to the applicant’s assertions, discharge proceedings were
initiated against him because, within a short time after his entry
into the service, he began to compile a record of minor disciplinary
infractions against the good order and discipline of the service. In
addition, the record indicates that he failed to make satisfactory
progress in training. The applicant has provided no documentary
evidence which would lead us to believe that the information in his
discharge case file was erroneous, that his commanders abused their
discretionary authority, or that his service warranted a better
characterization than the general (under honorable conditions)
discharge he received. In the absence of evidence to the contrary, we
find no basis to favorably consider the applicant’s requests that his
discharge be upgraded and the corresponding RE code he received be
changed.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 5 March 2003, under the provisions of AFI 36-
2603:
Ms. Marilyn Thomas, Panel Chair
Mr. William H. Anderson, Member
Mr. Thomas J. Topolski, Jr., Member
The following documentary evidence was considered with AFBCMR Docket
No. 02-03201:
Exhibit A. DD Form 149, dated 30 Sep 02, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 29 Oct 02.
Exhibit D. Letter, AFPC/DPPAE, dated 27 Dec 02.
Exhibit E. Letter, AFBCMR, dated 17 Jan 03.
MARILYN THOMAS
Panel Chair
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