RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03763
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was 17 years old and a trouble youth who had just lost his father.
He started getting into trouble and he was not given counseling. He
was not told that he could reenlist and he has carried this guilt of
not serving his country for over 20 years. However, as he looked
back, he did the best he could with what he had to work with so he
humbly asks the Board to lift that burden off his shoulders.
In support of his application, he submits a copy of his DD Form 293,
Applicant for the Review of Discharge or Dismissal from the
Armed Forces of the United States.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
28 Nov 77. He was discharged under the provisions of AFR 39-12,
(Unsuitable - Apathy, Defective Attitude) from the Air Force on 15 Jul
78 with a general (under honorable conditions) discharge. He served 7
months and 7 days of total active duty service.
On 27 Jun 78, the applicant’s commander notified him he was
recommending him for discharge for failure to maintain prescribed
standards of military conduct, his defective attitude and substandard
duty performance. Basis for the action was three Articles 15: 3 Feb
78, for possession of marijuana; 30 Mar 78, for negligent damage to a
juke box on base by breaking the glass and damage about $100; and 21
Jun 78, for possession of marijuana. On 19 May 78, the applicant was
not recommended for promotion due to his record of misconduct and he
was placed on the Control Roster for substandard conduct. He received
two Letters of Counseling: 23 May 78 for falling asleep during the
Commander’s Newcomers briefing and failure to conform to AFR 35-10
regulations; and 21 Jun 78, for being late for weekly inspection for 3
weeks in a row. An evaluation officer was appointed to interview the
applicant and she found he was unsuited for further military service
because of failure to maintain prescribed standards of military
deportment. She also did not recommend probation and rehabilitation
(P&R). The base legal office reviewed the case and found it legally
sufficient to support the discharge and they did not recommend P&R.
Applicant consulted counsel and was advised of his rights but declined
to present statements. On 12 Jul 78, the Discharge Authority approved
the discharge and ordered a general discharge without P&R.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial and states based upon the documentation
in the file 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.
The applicant did not submit any new evidence or identify any errors
or injustices that occurred in the discharge processing. He provided
no other facts warranting an upgrade of the discharge.
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 20 Dec 02, 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 an error or injustice warranting an upgrade in his
discharge. The records reflect that the commander initiated
administrative actions based on information he determined to be
reliable and that administrative actions were properly accomplished.
The applicant was afforded all rights granted by statute and
regulation. We are not persuaded by the evidence presented that the
commander abused his discretionary authority when he imposed the
discharge action, and since we find no abuse of that authority, we
find no reason to overturn the commander’s decision. 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 a 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 02-03763
in Executive Session on 12 February 2003, under the provisions of AFI
36-2603:
Mr. Albert F. Lowas, Jr., Panel Chair
Mr. William H. Anderson, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Dec 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, 13 Dec 02.
Exhibit D. Letter, SAF/MRBR, dated 20 Dec 02.
ALBERT F. LOWAS, JR.
Panel Chair
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