RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00079
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He just wanted out of the Air Force no matter what. During this time,
his mother was having a nervous breakdown and his dad was no longer
around. In addition, this upgrade would allow him to attend college.
In support of his application, the applicant submits a copy of DD Form
293, Applicant for the Review of Discharge or Dismissal from the Armed
Forces of the United States.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
30 July 1971 for a term of 4 years. The applicant was involuntarily
discharged under the provision of AFM 39-12, Separation for
Unsuitability, Misconduct, Resignation, or Request for Discharge for
the Good of the Service and Procedures for the Rehabilitation Program
(unsuitability-character-behavior disorder), and a received a general
(under honorable conditions) discharge on 11 December 1972. He served
1 year, 3 months, and 21 days of total active military service.
Applicant was notified by his commander that he was recommending him
for a general (under honorable conditions) discharge for being
diagnosed as having a character-behavior disorder, immature
personality type. Basis for the recommendations were: On 11 May
1972, he received an Article 15 for being absent without leave for a
period of 18 days. On 15 June 1972, he received an Article 15 for
being absent without leave for a period of 2 days. From 15 April 1972
to 5 May 1972, the applicant was confined by civilian authorities for
possession of marijuana. Records indicate the applicant had two
additional instances of failure to repair. He was counseled on the
proper wear of the uniform and being late to work.
On 17 October 1972, he acknowledged receipt of the notification of the
recommendation for discharge. On 15 November 1972, an Evaluation
Officer was appointed to evaluate the case and make a recommendation.
The Evaluation Officer interviewed the applicant concerning the action
pending and explained his rights. Applicant acknowledged that he
understood and signed a statement that he did not elect to rebut the
discharge action and did not elect to submit any statement in his
behalf. The Evaluation Officer agreed with the commander’s
recommendation that the applicant be separated for unsuitability and
furnished a general (under honorable conditions) discharge. The base
legal officer reviewed the case and found it legally sufficient to
support a general (under honorable conditions) discharge.
On 23 February 1978, the Air Force Discharge Review Board (AFDRB)
considered a request for an upgrade of his discharge, however, the
AFDRB denired his request.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial and stated that based upon the
documentation on file in the master personnel records, the discharge
was consistent with the procedural and substantive requirements of the
discharge regulation. The discharge was within the discretion of the
discharge authority. Applicant did not submit new evidence or identify
any errors or injustices that occurred in the discharge processing.
He provided no facts warranting an upgrade of his discharge.
AFPC/DPPRS complete 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 5 March 2004 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 the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice. After a thorough review of
the evidence of record and applicant’s submission, we are not
persuaded that his discharge should be upgraded to honorable. We find
no impropriety in the characterization of the applicant's discharge.
It appears that responsible officials applied appropriate standards in
effecting the separation, and we do not find persuasive evidence that
pertinent regulations were violated or that the applicant was not
afforded all the rights to which entitled at the time of discharge.
We conclude, therefore, that the discharge proceedings were proper and
characterization of the discharge was appropriate to the existing
circumstances. The only other basis upon which to upgrade this
discharge would be based on clemency. However, the applicant failed
to provide documentation pertaining to his post-service activities.
Should he provide documentary evidence pertaining to his post-service
activities, we would be willing to reconsider his appeal. In the
absence of such evidence, favorable action is not recommended.
_________________________________________________________________
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 Docket Number BC-2004-
00079 in Executive Session on 13 April 2004, under the provisions of
AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Kathleen F. Graham, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Jan 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 27 Feb 04.
Exhibit D. Letter, SAF/MRBR, dated 5 Mar 04.
MICHAEL K. GALLOGLY
Panel Chair
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