RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2003-01413
INDEX CODE 106.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 1984 general discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He does not dispute or believe his discharge to be in error. However,
he believes his case is mitigated based on the fact that he was an
arrogant young man who crossed swords with very unforgiving vice wing
and squadron commanders. He has since redeemed himself as a Federal
law enforcement officer and as member of the Vermont Air National
Guard (VTANG). In support, he provides his resume and two 1989 letters
of appreciation from the chief patrol agent with the Border Patrol,
Immigration and Naturalization Service (INS), US Department of
Justice.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s active duty military personnel record is no longer
available, apparently having been “purged” by the Air Reserve
Personnel Center (ARPC) in 2001. Remaining existing documents reflect
the following:
The applicant enlisted in the Regular Air Force on 23 Sep 81 for a
period of four years. He was assigned as a law enforcement specialist
to the XXX Security Police Squadron in the United Kingdom (UK).
On 2 Mar 84, the applicant’s commander found him guilty of stealing
some amount of gasoline, of some value, at RAF Welford, UK, on or
about 15 Feb 84, and imposed nonjudicial punishment in the form of
reduction from airman first class to airman and seven days of extra
duty. The applicant made a written and oral
presentation to the commander and his subsequent appeal of the
punishment was denied on 28 Mar 84. The Article 15 was found legally
sufficient on 29 Mar 84.
The discharge package is not available, but the applicant’s DD Form
214 reflects he was discharged on 19 Apr 84 in the grade of airman
with a general characterization for misconduct, pattern of minor
disciplinary infractions. He had a total of 2 years, 6 months and 27
days of active service.
On 24 Feb 00, the applicant enlisted in the Vermont Army National
Guard for three years and on 8 Mar 01 requested a conditional release
to transfer to the VTANG.
The applicant’s request was approved and on 9 Mar 01 he enlisted for a
period of three years in the VTANG in the grade of airman first class.
On 11 Sep 01, he was called to active duty and assigned to the XXX
Security Forces Squadron. He supported Operations Noble Eagle/Enduring
Freedom in Burlington, VT and Southern Watch/Al Jaber in Kuwait. He
was promoted to senior airman on 1 May 01 and to staff sergeant on
1 Aug 02. He was honorably released from active duty on 10 Apr 03 with
one year and seven months of active service for that period and
transferred to the VTANG.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Washington, D.C., indicated that on the basis of the data furnished,
they were unable to locate an arrest record (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS notes there are no documents in the applicant’s
personnel record pertaining to his discharge process or the misconduct
leading up to his discharge from active duty since they were
apparently purged by the ARPC in 2001. The discharge appears
consistent with the procedural and substantive requirements of the
pertinent regulation and the applicant has provided no facts
warranting an upgraded discharge. Denial is recommended.
A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 30 May for review and comment within 30 days. As of this
date, this office has received no response.
_________________________________________________________________
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 error or injustice to warrant upgrading the
applicant’s 1984 general discharge to honorable. According to his DD
Form 214, the applicant was discharged for a “pattern of minor
disciplinary infractions.” Unfortunately, the ARPC purged the
applicant’s records in 2001, leaving the 1984 Article 15 for gasoline
theft as the only existing evidence of a specific episode of
misconduct. The general discharge may well have been justified in
1985, but by its own expungement action the Air Force now appears
unable to support its claim of a “pattern of minor disciplinary
infractions.” By contrast, the applicant has demonstrated that,
whatever his minor infractions may have been in the past, he has
overcome them with subsequent honorable service in the Army and Air
National Guards. While on active duty, he supported Operations Noble
Eagle/Enduring Freedom and Southern Watch/Al Jaber. Further, he has
been promoted twice and the FBI reported no arrest record based on the
data furnished. We believe any doubt in this case should be resolved
in favor of the applicant as he appears to have redeemed himself with
honorable service since Feb 00. We therefore recommend that his 1984
general discharge be upgraded to honorable on the basis of clemency.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 19 April 1984, he
was honorably discharged and furnished an Honorable Discharge
certificate.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 21 August 2003 under the provisions of AFI 36-
2603:
Ms. Patricia D. Vestal, Panel Chair
Ms. Martha J. Evans, Member
Mr. E. David Hoard, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2003-01413 was considered:
Exhibit A. DD Form 149, dated 19 Apr 03, w/atch.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Negative FBI Report.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 20 May 03, w/atchs.
Exhibit E. Letter, SAF/MRBR, dated 30 May 03.
PATRICIA D. VESTAL
Panel Chair
AFBCMR BC-2003-01413
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 19 April 1984, he
was honorably discharged and furnished an Honorable Discharge
certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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