RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00041
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be changed to an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was judged by one individual and not by a jury of his peers.
In support of his request, the applicant submits a copy of his DD Form
214, Certificate of Release or Discharge from Active Duty.
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
20 December 1976 for a term of 4 years.
On 25 March 1980, the applicant's commander notified him that he was
recommending he be discharged from the Air Force for his apathetic and
defective attitude. The applicant was punished by article 15 twice
for failure to comply with AFR 35-10 appearance standards in January
and November 1979. In February 1980, the suspended portion of
previously imposed article 15 punishment was vacated because he was
disorderly on station. He received numerous letters of counseling for
traffic violations, failure to repair and to comply with AFR 35-10
appearance standards. Because of the failure to change his attitude
through numerous counselings, probation and rehabilitation (P&R) were
not recommended.
After consulting with the area defense counsel, he requested an
interview with the wing commander. He was personally evaluated and
interviewed by the evaluation officer, who recommended a discharge
without P&R because applicant demonstrated a poor attitude toward his
military duties, did not give proper priority to duty and let personal
conveniences and minor problems override his performance. The
discharge case was reviewed by the base legal office and found to be
legally sufficient to support discharge. The discharge authority
approved his discharge and ordered a general discharge without P&R.
Applicant was discharged on 14 April 1980. The applicant served three
(3) years and three (3) months and twenty-five (25) days on active
duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. The applicant did not submit any new
evidence or identify any errors or injustices that occurred in the
discharge processing. Additionally, he provided no facts warranting a
change in his discharge. Upon review of his DD Form 214, they noticed
an error in block 28 (Narrative Reason for Separation). A new DD 214,
Correction to DD Form 214, was issued changing the reason for
discharge to read, “Unsuitability: Apathy and Defective Attitude.”
The DPPRS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded to the advisory and states that in February 1980,
he was attacked by a NCO at an organization function and forced to
defend himself. Although there were witnesses to corroborate his
story, the NCO was not charged for assault. Since the applicant had
prior Article 15 issues, he states that repercussions were taken
against him after this incident that cost him his career. He also
used the chain of command and complained about his shops working
environment. After using the chain of command to complain, he was
ostracized by coworkers and the Article 15’s he received were a form
of retribution for bringing light to the problems in his shop.
Applicant’s complete statement, with attachments, is attached 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 an error or injustice in regard to his request that
his general discharge be changed to honorable. After a thorough
review of the documentation provided in support of his appeal and the
evidence of record, it is our opinion that given the circumstances
surrounding his separation from the Air Force, the discharge
characterization assigned to the applicant was proper and in
compliance with the appropriate directives. Applicant has not
provided any evidence, which would lead us to believe otherwise.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend a change in his discharge
characterization.
_________________________________________________________________
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 BC-2003-
00041 in Executive Session on 20 May 2003, under the provisions of AFI
36-2603:
Mr. John L. Robuck, Panel Chair
Mr. Billy C. Baxter, Member
Mr. Kenneth Dumm, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Jan 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 29 Jan 03.
Exhibit D. Letter, SAF/MRBR, dated 14 Feb 03.
Exhibit E. Letter, Applicant, undated, w/atchs.
JOHN L. ROBUCK
Panel Chair
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