RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02880
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was a very young airman who made a mistake and violated a civil law. He
was convicted of receiving stolen property. When the civil case was
settled the Air Force gave him the option of continuing his military career
or take an early discharge. He states that he never violated any military
laws and regrets that this incident happened.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 10 February 1977 in the
grade of airman basic for a period of four (4) years.
On 9 March 1978, the applicant was notified of his commander's intent to
initiate discharge action against him because of a civil court conviction.
The applicant was convicted by the ----County Judicial Court for receiving
stolen property and was sentenced to serve 60 days in jail and two years
probation.
The commander indicated in his recommendation for discharge action that the
applicant’s duty performance, positive attitude and willingness to learn
and help others as indicated in his airman performance report, warranted a
general discharge. He further indicated that the applicant has not been
led to believe through promises, implication or representation that he
would receive a discharge any better than the worst authorized. The
commander did not recommend the applicant for probation and rehabilitation.
Rehabilitative efforts consisted of counseling’s by his supervisors, first
sergeant, and his section commander. Under the circumstances, further
efforts were not warranted.
The commander advised the applicant of his right to consult legal counsel,
to present his case before an administrative discharge board, and submit
statements in his own behalf; or waive the above rights after consulting
with counsel.
On 14 March 1978, after consulting with counsel, the applicant submitted a
conditional waiver of his rights associated with an administrative
discharge board hearing. This waiver was contingent on his receipt of a
general discharge if the recommendation for his discharge was approved.
On 20 March 1978, the Staff Judge Advocate recommended that the discharge
authority accept the applicant’s waiver and recommended the applicant be
discharge with a general discharge without probation and rehabilitation.
On 5 April 1978, the discharge authority approved the applicant’s
conditional waiver and general discharge.
Applicant was discharged on 6 April 1978, in the grade of airman first
class with a general (under honorable conditions) discharge, under the
provisions of AFM 39-12 (Civil Court Conviction). He served 1 year, 1
month, and 21 days of total active military service. He received a
Reenlistment Eligibility (RE) code of 2C - Separated under AFM 39-12.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial. They indicated that the applicant stated
his civil case was closed and his record expunged; however, he did not
submit evidence of this action or identify any errors or injustices that
occurred in the discharge processing. Additionally, he provided no facts
warranting an upgrade of his discharge. He has not filed a timely request.
The evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 3 October 2003, a copy of the Air Force evaluation was forwarded to the
applicant for review and response 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 an error or injustice warranting an upgrade of the applicant’s
discharge. 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. Based on the documentation
in the applicant's records, it appears that the processing of the discharge
and the characterization of the discharge were appropriate and 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.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of an 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-
02880 in Executive Session on 12 November 2003, under the provisions of AFI
36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. James W. Russell III, Member
Ms. Patricia Kelly, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 August 2003, w/atchs.
Exhibit B. Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 19 September 2003.
Exhibit D. Letter, SAF/MRBR, dated 3 October 2003.
DAVID C. VAN GASBECK
Panel Chair
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