RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02481
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should have received an honorable discharge and asks that his
records be reviewed towards that end. He needs Veterans
Administration (VA) health care.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his enlistment in the Regular Air Force on
10 January 1977. He attained the grade of Senior Airman (Sra/E-4).
He received Article 15’s on three different occasions, 25 April 1980,
16 June 1980 and, 18 August 1980. He was charged under Special Court
Martial with slashing, with a knife, the seats of another airman’s
automobile, smashing the windshield of the same car with a tire iron,
stealing and illegally disposing of a citizens band radio, a wallet, a
credit card, a military ID card, and a flight line badge. He was
discharged as an Airman (E-2), in accordance with Air Force Regulation
(AFR) 39-12, Misconduct-Frequent Involvement of a Discreditable Nature
with Civil and Military Authorities. His discharge was Under Other
Than Honorable Conditions (UOTHC) and was effective on 12 December
1980. Probation and rehabilitation (P&R) were considered but deemed
not appropriate. He had served three years, eleven months, and three
days.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial. While they note the applicant’s record
is somewhat incomplete and is missing the usual discharge
documentation, DPPRS states, with the available evidence, that the
discharge was consistent with the procedural and substantive
requirements of the discharge regulation and within the discretionary
powers of the discharge authority. Additionally, 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 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 took notice of the
applicant's complete submission in judging the merits of the case.
However, we agree with the opinion and recommendation of the Air Force
office of primary responsibility in that while the record is somewhat
incomplete, there is enough available evidence to determine the
discharge was accurate. Consequently, we adopt the Air Force
rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. Therefore, 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-
2003-02481 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 16 Jul 03.
Exhibit B. Available 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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