RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2003-00586
INDEX CODE 106.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 1987 general discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was immature and foolish when he was in the Air Force and is
ashamed of his behavior that led to the discharge. After he had two
driving under the influence (DUI) incidents following his discharge,
he realized he was on a path of destruction. He has changed his life
over the past 16 years. He received treatment, removed alcohol from
his life, and remained sober for over 15 years. He has worked at
Boeing Commercial Aircraft Company for 15 years and advanced in
position. He has had custody of his son for the past 12 years, raising
him alone and caring for him throughout serious medical situations. He
apologizes for his conduct, but he has honestly learned from his
mistakes.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 30 Dec 85 and was
assigned to the 19th Field Maintenance Squadron (19 FMS) at Robins
AFB, GA, as an airframe repair specialist.
His Enlisted Performance Report (EPR) for the period 20 Dec 85 through
29 Dec 86 has an overall rating of 8.
On 15 Aug 86, the applicant received a Letter of Reprimand (LOR) for
damaging a dormitory carpet when he spray-painted an item on it on 13
Aug 86.
A Record of Counseling (ROC) dated 19 Aug 86 indicates police detained
the applicant at a public place on 16 Aug 86 for his underage
drinking. He received another ROC on 10 Sep 86 for not maintaining his
dorm room in inspection order on 8 Sep 86 and unlawfully storing a can
of turpentine in his locker.
On 16 Sep 86, the squadron commander imposed nonjudicial punishment on
the applicant in the form of a 30-day restriction to the base and a
reduction from airman to airman basic, suspended until 15 Mar 87. The
applicant’s offenses were wrongfully leaving base on or about 29 Aug
86 prior to commencement of his leave on 2 Sep 86, failing to return
to base on 5 Sep 86 and ending his leave in the local area, and making
a known false statement to the commander on 9 Sep 86 that he had
departed the base around 2400 hours on 1 Sep 87. The applicant
consulted counsel and submitted a written presentation, without a
personal appearance. He did not appeal the Article 15, which was filed
in his Unfavorable Information File (UIF).
On 23 Sep 86, the applicant was denied the Air Force Good Conduct
Medal (AFGCM) because of the Article 15.
On 18 Nov 86, the applicant was warned that he had accumulated eight
traffic points since 13 Sep 86 and that future disregard for base
traffic rules would result in loss of on-base driving privileges.
On 19 Mar 87, the applicant was advised he would not be recommended
for promotion to airman first class for six months because he was not
making satisfactory progress in on-the-job (OJT) upgrade training to
the five-skill level.
On 8 Apr 87, the commander notified the applicant of his intent to
recommend a general discharge for the incidents that triggered the
LOR, the two ROCs, and the Article 15. The commander also cited the
applicant for having a party in his dorm room on 20 Mar 87 during
which time he unlawfully consumed alcohol and had two female guests in
his room after 2400 hours. The applicant consulted counsel and on 15
Apr 87 provided a written response and four supporting statements from
supervisors and co-workers.
On 15 Apr 87, the commander recommended the applicant be separated
with a general characterization of service. The commander indicated
the applicant had received an LOR for the dorm room incident on 20 Mar
87, which prompted the AFR 39-10 action. The commander did not
recommend probation and rehabilitation (P&R).
The case was found legally sufficient on 21 Apr 87; a general
discharge without P&R was recommended.
On 22 Apr 87, the discharge authority approved the separation and on
28 April 87 the applicant was discharged for misconduct (minor
disciplinary infractions) in the grade of airman with 1 year, 3 months
and 29 days of active service and a general characterization.
Pursuant to the Board's request, the Federal Bureau of Investigation
(FBI), Washington, D.C., provided an investigative report, which
confirms the applicant’s admitted two DUI incidents and is attached at
Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS believes the discharge was consistent with the
procedural and substantive requirements of the discharge regulation
and within the discretion of the discharge authority. The applicant
has provided no new evidence or facts of error or injustice warranting
an upgrade. Therefore, denial is recommended.
A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provided letters with regard to his character and post-
service activities. He also included a post-service employment
history.
A complete copy of applicant’s response, with attachments, is at
Exhibit G.
_________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate
the existence of an injustice to warrant upgrading the applicant’s
general discharge. No evidence has been presented which would lead us
to believe his discharge was improper or contrary to the directive
under which it was effected. Nevertheless, we note the applicant
blames no one but himself for his misconduct and seems genuinely
remorseful. Given his successful transition to civilian life, as
evidenced by the post-service documentation he provided indicating he
has been a law-biding citizen and a hard-working, responsible single
parent, we are of the opinion that upgrading his discharge on the
basis of clemency would be appropriate. In view of the applicant’s
apparent rehabilitation, requiring him to continue bearing the stigma
of his youthful transgressions would seem unjust. Accordingly, we
recommended the applicant’s general discharge be upgraded to
honorable.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT, be corrected to show that, on 28 April
1987, he was honorably discharged and furnished an Honorable Discharge
certificate.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 8 July 2003 under the provisions of AFI 36-2603:
Mrs. Barbara A. Westgate, Chair
Mr. Roscoe Hinton, Jr., Member
Ms. Carolyn J. Watkins-Taylor, Member
All members voted to correct the records, as recommended. The
following documentary evidence relating to AFBCMR Docket Number BC-
2003-00586 was considered:
Exhibit A. DD Form 149, dated 7 Feb 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 11 Mar 03.
Exhibit E. Letter, SAF/MRBR, dated 21 Mar 03.
Exhibit F. Letter, AFBCMR, dated 2 May 03
Exhibit G. Letter, Applicant, dated 17 May 03, w/atchs.
BARBARA A. WESTGATE
Chair
AFBCMR BC-2003-00586
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to be corrected to show that, on 28 April 1987, he
was honorably discharged and furnished an Honorable Discharge
certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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