RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02565
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be changed to
honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He worked hard during his period of service and committed no major
offenses. He believes that based on his work record, he should
have received an honorable discharge. He also was a volunteer for
service during the Vietnam War.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
On 29 Dec 71, the applicant enlisted in the Regular Air Force in
the grade of airman basic (AB/E-1) for a period of four years.
Prior to the events under review, he was promoted to the grade of
airman (Amn/E-2). He received one performance report with an
overall promotion recommendation of 5 (on a scale of 1 to 9).
On 15 Aug 72, the applicant received an Article 15 for wrongful
possession of 1.8 grams of marihuana. His punishment consisted of
suspended reduction to grade of airman basic, forfeiture of $50 per
pay for one month and 7 days of extra duty.
On or about 5 Oct 72, he operated his privately owned vehicle 60
miles per hour (mph) in a posted 30 mph speed zone, for which he
received a letter of reprimand.
On 13 Dec 72, he received an Article 15 for wrongful possession of
6.11 grams, more or less, of marijuana. His punishment consisted
of vacation of his suspended reduction to the grade of airman basic
and forfeiture of $67 per month for one month.
On 15 Dec 72, the squadron commander initiated administrative
discharge action against the applicant for a character and behavior
disorder; specifically, the Base Psychiatrist diagnosed the
applicant as possessing an Antisocial Personality. On that same
date, applicant acknowledged receipt of the discharge notification.
On 20 Dec 72, after consulting with an evaluation officer,
applicant submitted statements in his own behalf, stating he felt
if given an opportunity for probation and rehabilitation, he could
prove that he could be a mature, responsible individual and airman.
On 21 Dec 72, the evaluation officer found that the applicant was
unsuitable for further military service and recommended that he be
discharged with a general discharge based on his history of
violations of military and civilian law. On 21 Dec 72, the Staff
Judge Advocate found the case to be legally sufficient to support
discharge and recommended a general discharge without probation and
rehabilitation (P&R). He further noted that the applicant was free
on bond awaiting trials on charges of auto theft in New Mexico, and
wrongful possession of marijuana in the State of Georgia.
On 22 Dec 72, the discharge authority approved a general (under
honorable conditions) discharge, without P&R.
On 22 Dec 72, applicant was discharged under the provisions of
AFM 39-12 (unsuitability - character and behavior disorder), with
service characterized as general (under honorable conditions). He
was credited with 11 months and 24 days of active duty service
(excludes 14 days of lost time due to civil confinement).
Pursuant to the Board’s request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, provided an investigative
report which is attached at Exhibit C.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommended denial of his request. They found that
the discharge was consistent with the procedural and substantive
requirements of the discharge regulation. Additionally, that the
discharge was within the sound discretion of the discharge
authority. They also noted that the applicant did not submit any
new evidence or identify any errors or injustices that occurred in
the discharge processing and that he provided no other facts
warranting an upgrade of the discharge.
A complete copy of the evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 29 Aug 03 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit E).
On 17 Oct 03, a copy of the FBI report was forwarded to the
applicant for comment. At that time, the applicant was also
invited to provide evidence pertaining to his activities since
leaving the service (Exhibit F). 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. After careful
consideration of the evidence of record, we found no evidence that
the actions taken to effect his discharge were improper or contrary
to the provisions of the governing regulations in effect at the
time, or that the actions taken against the applicant were based on
factors other than his own misconduct. Based on his overall record
of service, and in view of the contents of the FBI Report of
Investigation, we are not persuaded that an upgrade of the
characterization of his discharge is warranted. Having found
insufficient evidence of an error or injustice with regard to the
actions that occurred while the applicant was a military member, we
conclude that no basis exists to grant favorable action on his
request.
___________________________________________________________________
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-2003-02565 in Executive Session on 5 November 2003, under the
provisions of AFI 36-2603:
Ms. Brenda L. Romine, Panel Chair
Mr. James W. Russell III, Member
Ms. Leslie E. Abbott, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jul 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 20 Aug 03.
Exhibit E. Letter, SAF/MRBR, dated 29 Aug 03.
Exhibit F. Letter, AFBCMR, dated 17 Oct 03, w/atchs.
BRENDA L. ROMINE
Panel Chair
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