Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-03270
Original file (BC-2003-03270.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-03270
            INDEX CODE 106.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1988 general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was inequitable. Other than youthful  indiscretions,  he
performed well. He has been a productive member of society.

The applicant’s complete submission, with attachment, is at Exhibit A.


_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted for six years in the Regular Air Force on 5 Mar
87. During the period in question, he was  a  law  enforcement  member
assigned to the 351 Security Police Squadron  (351  SPS)  at  Whiteman
AFB, MO. His one performance report reflected an overall rating of 7.

He received a Letter of Reprimand (LOR) on 26 Jan 88  for  wearing  an
earring while in uniform on 25 Jan 88. His supervisor  also  indicated
that he had advised the applicant on  18  Jan  88  during  a  training
session about regulations and consequences  regarding  military  males
wearing earrings.

On 23 Feb 88, his commander  imposed  Article  15  punishment  on  the
applicant in the form of 30-day correctional custody and  a  suspended
reduction from airman first class (A1C) to airman until 21 Aug 88  for
failing to go to his appointed place of duty on 6 Feb 88 for a funeral
detail. The applicant consulted counsel, made a written  presentation,
but did not appeal. The Article 15 was not filed  in  the  applicant’s
Unfavorable Information File (UIF).

Statements in the applicant’s record reflect he failed  to  report  on
time for duty on 24 Mar 88 and did not clear his absence with  anyone.
On 28 Mar 88, he was again late for duty.

On 18 Apr 88, he pled guilty and was found guilty by a special  court-
martial for breach of correctional custody on or about 26 Feb  88  and
failure to go on or about 24 and 28 Mar 88. He was reduced  to  airman
basic, confined for four months, and forfeited $400 pay per month  for
four months.

On 11 Jul 88, the  commander  notified  the  applicant  he  was  being
recommended for discharge for conduct prejudicial to  good  order  and
discipline with a general characterization. The  commander  cited  the
incidents above.  The applicant was released from  confinement  on  15
Jul 88 to await discharge. On that day, his commander recommended  his
general discharge for misconduct, without probation and rehabilitation
(P&R). The applicant consulted counsel and submitted a statement.

Legal review conducted on 20 Jul 88  found  the  case  sufficient  and
recommended a general discharge without P&R.

On 22 Jul 88, the discharge authority directed the applicant’s general
discharge. As a result, the applicant was separated on 27 Jul 88  with
a general discharge in the grade of airman basic for misconduct  after
1 year, 1 month and 15 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRSP  believes  the  discharge  was  consistent  with   the
procedural and substantive requirements of  the  discharge  regulation
and within the discretion of the discharge  authority.  The  applicant
has substantiated no errors or injustices and  his  appeal  should  be
denied.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 7 Nov 03 for review and comment within 30  days.   As  of
this date, this office has received no response.

_________________________________________________________________

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 a thorough  review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded  his  discharge  should  be  upgraded.   Contrary   to   his
assertions,  the  applicant’s  duty  performance  was  not  exemplary.
Further, he provided no evidence his discharge for misconduct was  not
supported by his own actions or that he has since become a  productive
member of society. We therefore agree with the recommendations of  the
Air Force and adopt the rationale  expressed  as  the  basis  for  our
decision that the applicant has not sustained  his  burden  of  having
suffered either an error or an injustice. In view  of  the  above  and
absent persuasive 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 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  this  application  in
Executive Session on 24 February 2004, under the provisions of AFI 36-
2603:

                  Ms. Olga M. Crerar, Panel Chair
                  Mr. John B. Hennessey, Member
                  Ms. Cheryl Jacobson, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-03270 was considered:

   Exhibit A.  DD Form 149, dated 14 Oct 03, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRSP, dated 27 Oct 03.
   Exhibit D.  Letter, SAF/MRBR, dated 7 Nov 03.





                                   OLGA M. CRERAR
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2004 | BC-2003-02833

    Original file (BC-2003-02833.doc) Auto-classification: Denied

    On 7 Jan 76, his commander imposed Article 15 punishment in the form of a 60-day restriction to base, forfeiture of $150 pay per month for two months, and a suspended reduction from sergeant to airman first class (A1C) until 30 Jun 76 for breaking restriction to the base on or about 18 and 28 Nov 75. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded his discharge should be upgraded. ...

  • AF | BCMR | CY2004 | BC-2003-01850

    Original file (BC-2003-01850.doc) Auto-classification: Approved

    Although the discharge was proper, the applicant may now meet enlistment medical standards and the evidence warrants a change of RE code. The Consultant recommends approval but adds that a change of RE code by the Board is not equivalent to a finding of medically qualified for enlistment and does not guarantee acceptance by the Air Force for enlistment. A complete copy of the evaluation is at Exhibit D. HQ AFPC/DPPAE advises the 4C RE code was applied in accordance with governing...

  • AF | BCMR | CY2003 | BC-2001-00666

    Original file (BC-2001-00666.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2001-00666 INDEX CODE: 100.03 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Her Reenlistment Eligibility (RE) code of 4J, “Entered into Phase I of the Air Force Weight Program, or the unit commander has declared the airman ineligible to reenlist for a period of Phase II or probation,” be changed. Exhibit...

  • AF | BCMR | CY2004 | BC-2003-01570

    Original file (BC-2003-01570.doc) Auto-classification: Denied

    On 22 Jan 99 he was referred to WHMC for a medical evaluation for symptoms consistent with a bipolar-like illness and personality disorder. Discharge and continued mood stabilizer medication were recommended. Based on the Consultant’s recommendation and the evidence of record, we are not convinced it would be in the best interests of the Air Force or the applicant to allow him to reenlist.

  • AF | BCMR | CY2003 | BC-2003-00912

    Original file (BC-2003-00912.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00912 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Her Reenlistment Eligibility (RE) code of 2B, “Separated with a general or under-other-than-honorable-conditions (UOTHC) discharge,” be changed. For these actions, she received an LOR, which was placed in her existing UIF. ...

  • AF | BCMR | CY2002 | 0202111

    Original file (0202111.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: 02-02111 INDEX CODE 100.06 110.02 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His separation program designator (SPD) code of “JGA” (Entry level performance and conduct) and reenlistment eligibility (RE) code of “2C” (Involuntarily separated with an honorable discharge or entry level separation without...

  • AF | BCMR | CY2003 | BC-2003-03243

    Original file (BC-2003-03243.doc) Auto-classification: Denied

    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. On 24 August 1984, the member received a letter of counseling (LOC) for failure to go to two in-processing appointments. We are not persuaded by the evidence presented that...

  • AF | BCMR | CY2004 | BC-2004-01300

    Original file (BC-2004-01300.doc) Auto-classification: Denied

    An honorable discharge without P&R was recommended. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded her reason for discharge should be changed to “hardship.” The applicant was ineligible for worldwide availability because she could not comply with the dependent care arrangements required by regulation. The applicant was treated no differently and given the same narrative reason for discharge as other active duty members who cannot...

  • AF | BCMR | CY2003 | BC-2003-00464

    Original file (BC-2003-00464.doc) Auto-classification: Denied

    In support of his request, the applicant submits a copy of his DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States. On 20 Oct 70, the applicant received notification that he was being recommended for discharge for unfitness. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice;...

  • AF | BCMR | CY2003 | BC-2003-01003

    Original file (BC-2003-01003.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01003 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: The Military Training Instructor (MTI) Ribbon be added to his record. ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR recommended denial of the applicant’s request, stating...