RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01751
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
He admits to making a rash decision as a young airman and now knows what
can happen when action is taken without thought.
The applicant states that the incident spiraled to a bad end and destroyed
an otherwise excellent service record. He desires to have his discharge
upgraded so that he may be able to serve as a Reservist.
In support of the appeal, the applicant submits documentation regarding his
job performance.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 11 February 1987, for a
period of six years. He was progressively promoted to the grade of
sergeant.
On 22 August 1991, the commander notified him that he was recommending his
administrative discharge under the provisions of AFR 39-10, paragraph
5.47b, for a pattern of minor disciplinary infractions. The commander
indicated the following reasons for the action:
a. His failure to obey a lawful order to inprocess at Correctional
Custody and wrongfully arguing with a superior Noncommissioned Officer
(NCO) to the point of becoming combative, for which he received a Letter of
Reprimand (LOR), dated 20 August 1991.
b. He committed assault upon a female by threatening her with a
knife, for which he received an Article 15 on 9 August 1991, with
nonjudicial punishment consisting of reduction to the grade of airman first
class, 30 days correctional custody, and a reprimand.
He consulted with military counsel and submitted statements in his behalf.
After reviewing the case and his submission, the discharge authority
ordered a general discharge, without probation and rehabilitation.
On 23 September 1991, he was separated under the provisions of AFR 39-10
(Misconduct - Pattern of Conduct Prejudicial to Good Order and Discipline)
and received a general (under honorable conditions) discharge. He was
assigned an RE code of “2B” (Involuntarily separated with a general or
under other than honorable conditions discharge.” He completed 4 years, 7
months, and 13 days of active service.
The Air Force Discharge Review Board (AFDRB) considered and denied his
request for an upgrade of his discharge on 7 March 1995.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends the application be denied and states, in part, that
the discharge was consistent with the procedural and substantive
requirements of the discharge regulation, and 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. In addition, he provided no other facts warranting an upgrade
of the discharge.
The AFPC/DPPRS 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 27 June 2003 for review and response within 30 days. However, 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. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After thoroughly reviewing the available
evidence of record and noting the applicant’s complete submission, we find
no evidence of an error or injustice. In this respect, we note that the
discharge appears to be in compliance with the governing regulation in
effect at the time of his separation. He has provided no evidence to
indicate that his separation was inappropriate. Absent persuasive evidence
he was denied rights to which entitled, appropriate regulations were not
followed, or appropriate standards were not applied, we find no basis to
disturb the existing record.
_________________________________________________________________
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-2003-01751
in Executive Session on 17 September 2003, under the provisions of AFI 36-
2603:
Ms. Peggy E. Gordon, Panel Chair
Mr. Michael V. Barbino, Member
Ms. Patricia Kelly, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 May 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 23 Jun 03.
Exhibit D. Letter, SAF/MRBR, dated 27 Jun 03.
PEGGY E. GORDON
Panel Chair
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