RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03243
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would like his discharge changed or upgraded to honorable because
he is trying to apply for a job with the Brozos County Texas Sheriffs’
Office. His complete application is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
17 February 1984. The applicant was involuntarily discharged under
the provision of AFR 39-12 (Misconduct - Pattern of Minor Disciplinary
Infractions) with service characterized as general (under honorable
conditions) on 8 August 1985 in the grade of airman basic. He served
1 year, 5 months and 22 days of total active military service.
On 8 July 1985, the applicant was notified by his commander that he
was recommended for discharge due to minor disciplinary infractions.
On 24 August 1984, the member received a letter of counseling (LOC)
for failure to go to two in-processing appointments. On 31 August
1984, the applicant received a LOC for failure to complete his career
development course material, as well as failing to obey his
supervisor. On 2 November 1984, the applicant was verbally counseled
on the importance of presenting a professional image. On 20 February
1985, the member received an LOC for failure to report an accident and
failure to report to duty on time. On 1 April 1985, the member failed
to go to his appointed place of duty and on 1 April 1985, he violated
a lawful regulation. For these offenses, the applicant received an
Article 15 with 14 days correctional custody.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRSP recommended denial. Based on the documentation in the
file, they believe the discharge was consistent with the procedural
and substantive requirements of the discharge regulation.
Additionally, the discharge was within the discretion of the discharge
authority. The applicant did not submit any new evidence or identify
any errors or injustices that occurred in the discharge proceedings.
Additionally, the applicant provided no facts warranting an upgrade of
the discharge. Accordingly, they recommend his records remain the
same and the request be denied. However, a new DD Form 214,
Certificate of Release or Discharge from Active Duty, was issued to
correctly identify his type of separation as general (under honorable
conditions) and not just general. He has not filed a timely request.
AFPC/DPPRS 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
31 October 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 that failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice warranting an upgrade in his
discharge. The records reflect that the commander initiated
administrative actions based on information he determined to be
reliable and that administrative actions were properly accomplished.
The applicant was afforded all rights granted by statute and
regulation. We are not persuaded by the evidence presented that the
commander abused his discretionary authority when he imposed the
discharge action, and since we find no abuse of that authority, we
find no reason to overturn the commander’s decision. 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 a 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 Docket Number BC-2003-
03243 in Executive Session on 9 December 2003, under the provisions of
AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Ms. Cheryl Jacobson, Member
Ms. Olga M. Crerar, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Jul 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRSP, dated 22 Oct 03.
Exhibit D. Letter, SAF/MRBR, dated 31 Oct 03.
ROSCOE HINTON, JR
Panel Chair
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