RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 03-03587
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general under honorable conditions discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While he was in the Air Force he was influenced by alcohol. Since his
discharge he has turned his life around. Since 1985 he has been an
emergency medical technician and is proud to serve his community. He
assisted the firefighters and construction workers that came back from
ground zero. His daughter and son-in-law call him a hero. His service to
the community is a debt he owes to his country and family. He works
constantly to help others and is grateful to have made a difference in
other peoples’ lives. He would be extremely honored to have his request
granted.
In support of his request, he submits a personal statement, and a copy of
his DD Form 214. The applicant’s submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 23 July 1981, the applicant enlisted in the Regular Air Force in the
grade of airman basic (E-1) for a period of 4 years. He was progressively
promoted to the grade of airman first class (E-3), with a date of rank of
13 February 1982. He was reduced to the grade of airman (E-2), with a date
of rank of 27 July 1982, (vacation of suspension). He received two Airman
Performance Reports closing 10 April 1982 and 23 September 1982, in which
the overall evaluations were 6 and 4, respectively.
On 1 April 1982, he received a letter of reprimand for failure to comply
with the established standards for upkeep of his dormitory room.
On 11 June 1982, he received a letter of counseling for failure to remain
on duty.
On 21 June 1982, he received a letter of counseling for failure to secure
his building upon departing for the weekend.
On 21 June 1982, he received a letter of counseling for failure to install
an antenna.
On 25 June 1982, he was charged with failure to obey a lawful order from
his superior noncommissioned officer to put an antenna in an aircraft and
fix the FM writeup on an aircraft. For this incident, punishment under
Article 15, Uniform Code of Military Justice (UCMJ), was imposed. He
received a suspended reduction to airman and $50 forfeiture of his pay. On
21 July 1982, the suspended action was vacated for failure to replace
broken wires in the FM 622A Radio. As a result, he was reduced to the
grade of airman.
On 2 September 1982, the Chief, Mental Health Services, Shaw AFB, SC,
performed a psychiatric evaluation on the applicant. After psychiatric and
psychological examinations, the examiner stated the applicant was
indicative of a personality disorder with schizoid, passive aggressive and
depressive feature. The recommendation in regard to his elimination from
service was left to the unit to which he was assigned.
On 24 September 1982, the applicant’s commander initiated discharge
proceedings against him under the provisions of AFM 39-12, paragraph 2-4b,
personality disorder. The applicant was notified of his commander’s
recommendation and that a general discharge was being recommended. He was
advised of his rights in the matter. On 18 October 1982, an evaluation of
the case file was conducted. Following his review of the record and an
interview with the applicant, the evaluation officer recommended a general
discharge and stated that the applicant was unsuitable for further military
service and not a suitable candidate for rehabilitation. The applicant
elected to submit statements in his own behalf. In a legal review of the
discharge case file, the staff judge advocate found it legally sufficient
and recommended that the applicant be discharged from the Air Force with a
general discharge as recommended by the evaluation officer. On 26 October
1982, the discharge authority directed that the applicant be discharged
from the Air Force under the provisions of AFM 39-12, Section A, for
personality disorder. The applicant was discharged on 28 October 1982 with
a general (under honorable conditions) discharge. He served 1 year,
8 months and 16 days on active duty.
Pursuant to the Board’s request, the FBI provided a copy of an
Investigative Report, No. 601666B, which is at Exhibit E.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends the application be denied. DPPRS states that based
upon the documentation in the file, the discharge was consistent with the
procedural and substantive requirements of the discharge regulation. DPPRS
further states that the applicant has not provided any new evidence or
identified any errors or injustices that occurred in the discharge
processing.
The DPPRS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 19 December 2003, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment. On 13 January 2004, a letter was
forwarded to applicant suggesting that the applicant consider providing
evidence pertaining to his post-service activities. On 20 January 2004, a
copy of the FBI report was forwarded to the applicant for review and
comment. 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 careful consideration of the
applicant’s request and the available evidence of record, we see no
evidence that would warrant an upgrade of his characterization of service.
Other than his own assertions, the applicant has provided no evidence that
would lead us to believe the actions taken to effect his discharge were
improper, or that the information in his discharge case file is erroneous.
In addition, in view of the contents of the FBI Identification Record we
are not persuaded that the characterization of the applicant’s discharge
warrants an upgrade to honorable on the basis of clemency. In view of the
above and in the absence of evidence by the applicant showing the
information provided in the FBI report is incorrect, we find no basis on
which to favorably consider his request.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 12 February 2004 and 1 March 2004, under the provisions of AFI
36-2603:
Ms. Brenda L. Romine, Panel Chair
Ms. Barbara R. Murray, Member
Mr. David C. Van Gasbeck, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Nov 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRSP, dated 1 Dec 03.
Exhibit D. Letter, SAF/MRBR, dated 19 Dec 03.
Exhibit E. FBI Report, dated 12 Jan 04.
Exhibit F. Letters, AFBCMR, dated 13 and 20 Jan 04.
Exhibit G. Letter, Applicant, undated, w/atchs.
BRENDA L. ROMINE
Panel Chair
AF | BCMR | CY2003 | BC-2003-02565
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. As of this date, no response has been received by this office (Exhibit E). 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...
AF | BCMR | CY2004 | BC-2003-02091
In the recommendation for discharge, the commander noted the psychiatrist and Social Actions Officer reported the applicant was a drug abuser who had reported use of marijuana, mescaline, and LSD. At the time of his mental health evaluation, the applicant was diagnosed with a personality disorder and was determined to know right from wrong and possess the capacity to conform his behavior to law and Air Force regulations. Exhibit C. Letter, AFBCMR Medical Consultant, dated 17 Nov 03.
AF | BCMR | CY2004 | BC-2004-00406
On that same date, applicant acknowledged receipt of the administrative discharge action and waived his entitlement to appear before a board of officers and requested discharge in lieu of board proceedings. On 23 Dec 58, the discharge authority approved a general discharge and directed that the applicant be issued a DD Form 257AF, “General Discharge.” On 31 Dec 58, applicant was discharged under the provisions of AFR 39-16, with service characterized as under honorable conditions. A...
AF | BCMR | CY2004 | BC-2004-00315
He completed a total of 3 years, 9 months, and 3 days of active service and was serving in the grade of airman (E-2) at the time of discharge. The AFPC/DPPRS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: He was doing well in the Air Force until he came home and found his wife in bed with another airman, whom she eventually married. After thoroughly reviewing the evidence of record and noting the...
The applicant was discharged on 14 Apr 70. We find no evidence of error in this case and after thoroughly reviewing the evidence of record, we do not believe he has suffered from an injustice. _________________________________________________________________ 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...
AF | BCMR | CY2003 | BC-2003-02655
On 13 Aug 70, the base commander recommended approval of an undesirable discharge. On 18 Aug 70, the discharge authority approved an undesirable discharge and directed that the applicant be issued a DD Form 258AF, “Undesirable Discharge Certificate.” On 24 Aug 70, applicant was discharged under the provisions of AFM 39-12, with service characterized as other than honorable. Having found insufficient evidence of an error or injustice with regard to the actions that occurred while...
AF | BCMR | CY2004 | BC-2004-01232
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01232 INDEX CODE: 110.02 COUNSEL: DAV HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions discharge be upgraded to honorable. Exhibit C. Letter, AFPC/DPPRS, dtd 11 May 04. Exhibit D. Letter, SAF/MRBR, dtd 14 May 04.
AF | BCMR | CY2004 | BC-2004-00935
Applicant acknowledged receipt of the notification of discharge on 21 October 1987 and understood if the recommendation for discharge was approved, he could receive a general (under honorable conditions) discharge. The base legal office reviewed the case and found it legally sufficient to support discharge and recommended the conditional waiver be accepted and applicant be separated from the Air Force with a general (under honorable conditions) discharge without probation...
AF | BCMR | CY2003 | BC-2002-02153
Based on the limited documentation in the applicant’s file, they found that the discharge was consistent with the procedural and substantive requirements of the discharge regulation in effect at the time of his discharge. The complete Air Force 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 22 Aug 03 for review and comment within...
AF | BCMR | CY2003 | BC-2003-00148
On 18 October 1957, the discharge authority approved the recommended separation and directed that the applicant be discharged with an undesirable discharge. He had served 2 years and 24 days on active duty. Additionally, the discharge was within the discretion of the discharge authority.