RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02039
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant made no contentions.
In support of the appeal, 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.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 24 February 1987 for a
period of four years. He was progressively promoted to the grade of
airman on 24 August 1987. He received one Airman Performance Report
(APR) closing 23 February 1988, in which the overall evaluation was
“6.”
On 16 February 1989, applicant’s commander notified him that he was
recommending his discharge for a pattern of misconduct and commission
of a serious offense. Basis for the action: Applicant received two
Letters of Reprimand (LORs), five Records of Counseling (ROCs), an
establishment of an Unfavorable Information File (UIF), and two
Articles 15 for failure to go to his appointed place of duty, with his
dress and appearance in violation of AFR 35-10 on one occasion. He
received two LORs for failure to meet minimum standards of cleanliness
in his dormitory room. He received two more LORs and was placed on
the Control Roster for unsatisfactory progress on the Weight
Management Program (WMP). In the timeframe of 23 December 1988 to
29 January 1989, he issued 24 bad checks to three stores. Twenty of
these checks, totalling the amount of $740.13, were returned due to
his account being closed, and four, totalling the amount of $97.07,
were returned for insufficient funds.
Applicant acknowledged receipt of notification of discharge and after
consulting with legal counsel, waived his right to submit statements
in his own behalf. The base legal office reviewed the case file and
found it legally sufficient to support the discharge and recommended
an under honorable conditions (general) discharge without probation
and rehabilitation (P&R). The discharge authority approved the
separation and ordered a general discharge without P&R.
The applicant was separated from the Air Force on 9 March 1989 under
the provisions of AFR 39-10, Administrative Separation of Airmen
(misconduct - pattern discreditable involvement with military or civil
authorities), with an under honorable conditions (general) discharge.
He served 1 year, 11 months and 17 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states, based on 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.
Therefore, they recommend denial of applicant’s request.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 27 August 2004, 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 error or injustice. 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 the conclusion that the
applicant has not been the victim of an error or injustice.
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 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 16 November 2004, under the provisions of AFI 36-
2603:
Ms. Marilyn M. Thomas, Vice Chair
Ms. Kathleen F. Graham, Member
Ms. Janet I. Hassan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Jul 04, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 17 Aug 04.
Exhibit D. Letter, SAF/MRBR, dated 27 Aug 04.
MARILYN M. THOMAS
Panel Chair
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