RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02457
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (Under Honorable Conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has had to live with this unjust discharge, even though it was
under honorable conditions, for 16 years. If the testimony is checked
along with the records of the individuals involved in this matter, the
Board will find out the truth of what happened. After 16 years, he
deserves the truth to be heard and the facts seen by the proper
individuals who can right this wrong. He deserves an honorable
discharge and asks for no apology nor will he entertain retribution.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 16 May 1985. On 12
August 1986, the applicant was issued an Article 15 for disobeying a
direct order. He was given a six month suspended reduction in grade
to Airman Basic (AB/E-1) and ordered into correctional custody for 30
days. On 15 August 1986, he unlawfully left the correctional custody
facility. He was tried by Special Court Martial on 7 October 1986.
He pled guilty and was punished with reduction in grade to AB,
forfeiture of $300 per month for three months and confinement for
three months. On 16 December 1986 his commander recommended a general
discharge in accordance with Air Force Regulation (AFR) 39-10, Pattern
of Misconduct, Consisting of Discreditable Involvement with Military
Authorities. The discharge was found legally sufficient on
23 December 1986. He was given the opportunity to meet with counsel
and/or submit statements. He declined to submit statements in his
behalf and was not considered for Probation and Rehabilitation (P&R).
He was discharged effective 24 December 1986, with a general, (Under
Honorable Conditions) discharge after serving one year, four months,
and twenty-four days, not counting 76 lost days.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states that the discharge was
consistent with the procedural and substantive requirements of the
discharge regulation and within the discretionary powers of the
discharge authority. They note the Discharge Review Board’s (DRB’s)
denial of the application in 1988 and that the request is not timely.
No new evidence or any identification of error or injustice has been
presented to warrant a change to the discharge.
DPPRS’s complete evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
22 August 2003 for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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. We are not persuaded by the
evidence presented that the separation characterization received by
the applicant should be changed. His discharge was based on his trial
and conviction by a special court-martial. There is nothing in the
available record that would cause us to disturb the actions of the
reviewing officials in this case. 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-
2003-02457 in Executive Session on 22 October 2003, under the
provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Carolyn B. Willis, Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Jul 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 14 Aug 03.
Exhibit D. Letter, SAF/MRBR, dated 22 Aug 03.
MICHAEL K. GALLOGLY
Panel Chair
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