RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01939
INDEX CODE: 110.02
XXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told that his discharge could be upgraded after 3 years. The
applicant provided no evidence in support of his appeal. The applicant’s
complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 20 July 1983, the applicant enlisted in the Regular Air Force at the age
of 18 in the grade of airman basic (E-1) for a period of four years. He
was trained as an Apprentice Fire Protection Specialist. The applicant was
progressively promoted to the grade of airman first class (E-3) effective
and with a date of rank of 1 September 1983. He received two enlisted
performance reports covering the period 20 July 1983 through 11 October
1984, both with overall ratings of seven.
The applicant received two Letters of Reprimand (LOR), three Letters of
Counseling (LOC), a Memo for Record (MFR) and a verbal counseling between
the dates 4 November 1983 and 11 October 1984, for financial
irresponsibility, tardiness and use of a controlled substance. On 11
September 1984, the applicant received an Article 15 punishment for a
conviction of drunken and disorderly conduct. As punishment, the applicant
received reduction to the grade of airman (E-2) with a new date of rank of
17 September 1984 and 14 days of extra duty.
On 11 October 1984, his commander recommended the applicant be separated
with general discharge under AFR 39-10, paragraph 5-47b, without probation
and rehabilitation for conduct prejudicial to good order and discipline.
The applicant acknowledged receipt, consulted military counsel, and
submitted a statement in his own behalf. On 13 November 1984, the
recommendation was found to be legally sufficient by the assistant staff
judge advocate. On 26 November 1984, the discharge authority approved the
discharge and ordered a general discharge under AFR 39-10, Chapter 5,
Section H, paragraph 5-47b. The applicant was discharged effective 30
November 1984 with a general (under honorable conditions) discharge with a
reentry code of 2B and a separation code of JKM (misconduct). He served 1
year, 4 months and 11 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states the applicant’s discharge was
consistent with the procedural and substantive requirements of the
discharge regulation in affect at that time and was within the discretion
of the discharge authority. Additionally, there are no regulations or
directives that allow for an automatic upgrade of a discharge. The
applicant did not provide any facts warranting an upgrade of his discharge,
nor did he submit any new evidence or identify any errors or injustices
that occurred in his discharge processing. 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
July 2003 for review and response (Exhibit D). 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 probable error or injustice. The applicant did not provide
persuasive evidence showing the information in the discharge case was
erroneous, his substantial rights were violated, or that his commanders
abused their discretionary authority. The characterization of discharge
which was issued at the time of the applicant’s separation accurately
reflects the circumstances of his separation and we do not find the
characterization of discharge to be in error or unjust. In view of the
foregoing and in the absence of evidence by the applicant attesting to a
successful post-service adjustment in the years since his separation, we
are not inclined to extend clemency in this case. Therefore, we conclude
that no basis exists upon which to recommend favorable action on his
request that it be changed.
_________________________________________________________________
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 this application in Executive
Session on 11 September 2003, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Brenda L. Romine, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence for AFBCMR Docket Number BC-2003-01939
was considered:
Exhibit A. DD Form 149, dated 17 Jun 2003.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 7 Jul 2003.
Exhibit D. Letter, SAF/MRBR, dated 11 Jul 2003.
RICHARD A. PETERSON
Panel Chair
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