RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01825
INDEX CODE: 110.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His date of separation be corrected.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He entered active duty 20 Sep 95 and was released in July 1998. His DD
Form 214 has a separation date of 25 Jun 96.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 20 Sep 95. He was
progressively promoted to the grade of airman having assumed that grade
effective and with a date of rank of 20 Mar 96.
On 10 Jun 96, applicant was notified by his commander that she was
recommending that he be discharged from the Air Force in accordance with
AFPD 36-32 and AFI 36-3208, paragraphs 5.26.1 and 5.49, for minor
disciplinary infractions. He was advised of his rights in this matter and
acknowledged receipt of the notification on that same date. On 17 Jun 96,
after consulting counsel, applicant waived his right to submit statements
on his own behalf. In a legal review of the case, the assistant staff
judge advocate, found the case legally sufficient and recommended that he
be discharged with a general (under honorable conditions) discharge,
without probation and rehabilitation. On 24 Jun 96, the discharge
authority concurred with the recommendation and directed that he be
discharged without probation and rehabilitation. Applicant was discharged
from the Air Force on 25 Jun 96. He served 9 months and 6 days on active
duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states that there are no documents
contained in his records that would indicate he was separated in July 1998.
All records indicate he was discharged in 25 Jun 96. The DPPRS evaluation
is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 11 Jul
03 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 timely filed.
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 that would warrant corrective action. We
took notice of the applicant's complete submission in judging the merits of
the case; however, based on the evidence of record, it appears that his
correct date of separation is 25 Jun 96. Evidence has not been presented
which would lead us to believe otherwise. Therefore, we agree with the
opinion and recommendation of the Air Force office of primary
responsibility and adopt their rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice. 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 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 AFBCMR Docket Number BC-2003-
01825 in Executive Session on 21 Aug 03, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Brenda L. Romine, Member
Mr. Roscoe Hinton, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 May 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 1 Jul 03.
Exhibit D. Letter, SAF/MRBR, dated 11 Jul 03.
RICHARD A. PETERSON
Panel Chair
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