RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02523
INDEX CODE: 110.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable and he receive financial benefits for medical and housing.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes it to be unjust and could benefit from the medical,
financial and educational rewards that he does not have.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 27 September 1985, the applicant enlisted in the Regular Air Force
as an airman basic (AB) for a period of four years.
On 18 May 1987, the applicant's commander recommended he be
discharged for misconduct. The specific reasons for the discharge
action were:
a. On 18 February 1986, the applicant failed to remain in
uniform when away from the dormitory, to remain on station as a Phase
I student, and got into a fight while drinking. For this offense,
the applicant received a Letter of Reprimand (LOR) on 18 February
1986.
b. The applicant on 20 August 1986 reported four and one-half
hours late for work. For this misconduct, he received a letter of
counseling (LOC) on 21 August 1986.
c. The applicant received an LOC on 9 September 1986 for
failing to meet a mandatory formation on 5 September 1986.
d. On 1 October 1986, the applicant failed to meet the
requirements of AFR 35-10. For this misconduct, he received an LOC
on 20 October 1986.
e. On 8 October 1986, the applicant failed to go to a
scheduled appointment after assuring SSgt G. that the he would make
the appointment. The applicant received an LOR dated 8 October
1986 for this offense.
f. On or about 16 October 1986 to on or about 29 October 1986,
the applicant allowed his personal affairs to interfere with his duty
requirements in that he abused the privilege of free time off. For
this misconduct, the applicant was counseled on 29 October 1986.
g. On 3 December 1986, the applicant failed to obey an order
or regulation by driving an R-5 refueling truck off a restricted
area. For this misconduct the applicant received an LOR dated 12
December 1986.
h. The applicant on 25 April 1987, operated a vehicle under
the influence of alcohol. For this misconduct, he received an
Article 15 on 5 May 1987.
The commander in his recommendation for discharge recommended the
applicant be discharged with service characterized as general. The
commander did not recommend probation and rehabilitation indicating
the applicant’s repeated acts of misconduct, after progressive
attempts at rehabilitation, evidence his lack of rehabilitation
potential.
The commander advised the applicant of his right to consult legal
counsel and that military legal counsel had been obtained for him;
and to submit statements in his own behalf; or waive the above
rights after consulting with counsel.
On 20 May 1987, after consulting with counsel, applicant invoked his
right to submit a statement.
A legal review was conducted on 28 May 1987 in which the staff judge
advocate recommended the applicant be discharged with a general
discharge with no probation and rehabilitation.
On 4 June 1987, the discharge authority approved the discharge.
Applicant was discharged on 12 June 1987, in the grade of airman
basic with a general (under honorable conditions) discharge, in
accordance with AFR 39-10 (Misconduct - Pattern conduct prejudicial
to good order and discipline). He served 1 year, 8 months and 16
days of total active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states the applicant has not submitted any evidence nor
identified any errors or injustices that occurred in the processing of
his discharge. Based upon the documentation in the applicant's file,
they believe his discharge was consistent with the procedural and
substantive requirements of the discharge regulations of that time.
Also, the discharge was within the sound discretion of the discharge
authority. Also, he did not provide any facts to warrant an upgrade
of his discharge. Based on the information and evidence provided they
recommend the applicant's request be denied (Exhibit C).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
29 August 2003, for review and response. 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 of 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
and adopt their rationale as the basis for our decision that the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice. The applicant has not provided persuasive
evidence in support of his request to have his discharge upgraded.
The applicant has not established that the processing of the discharge
and the characterization of the discharge were inappropriate or not
accomplished in accordance with Air Force policy. 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-
2003-02523 in Executive Session on 7 October 2003 under the provisions
of AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Ms. Leslie E. Abbott, Member
Mr. John B. Hennessey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Aug 03, w/atchs.
Exhibit B. Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 20 Aug 03.
Exhibit D. Letter, SAF/MRBR, dated 29 Aug 03.
ROBERT S. BOYD
Panel Chair
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