RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02742
INDEX NUMBER: 110.00
COUNSEL: NONE
HEARING DESIRED: YES
___________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He has been a fire fighter for the city of Hartford, CT, from March
1987 to present.
Applicant’s complete submission is attached at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant served in the Regular Air Force from 4 May 77 to 14 Aug
85. He entered his last enlistment on 4 Jun 82. His highest grade
held was sergeant.
Applicant’s record reflects he received four Article 15
punishments:
On 1 Feb 79, for disobeying a lawful order of a superior
commissioned officer to have his dormitory room in inspection
order; punishment imposed was restriction to base for seven days.
On 26 Jun 80, for stealing a Ration Control Plate and using the
Ration Control Plate made out in the name of another individual;
punishment imposed was reduction in grade to airman first class, a
45-day restriction to base, and suspended forfeiture of $200 pay
per month for two months.
On 7 Oct 80, for violation of a lawful general regulation, by
selling duty-free goods to persons not authorized duty-free import
privileges; punishment imposed was a suspended reduction in grade
to airman, and forfeiture of $200.00 pay per month for two months.
On 15 Apr 85, for failure to go at the prescribed time to his
appointed place of duty; punishment imposed was a suspended
reduction in grade to airman first class, and forfeiture of $150.00
pay per month for two months.
Effective 1 May 85, applicant’s NCO status was vacated due to court-
martial charges having been preferred.
On 22 May 85, after consulting with counsel, applicant requested
discharge from the Air Force in lieu of trial by court-martial. He
acknowledged understanding the elements of the offenses with which
he was charged, including a letter from the base hospital
indicating his urine sample on 22 Jan 85 tested positive for the
presence of THC and cocaine.
On 14 Aug 85, applicant was discharged in the grade of senior
airman, under the provisions of AFR 39-10, Chapter 4, by reason of
request for discharge in lieu of court martial, with service
characterized as under other than honorable conditions. He was
credited with 3 years, 2 months, and 11 days of active military
service during this enlistment.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS reviewed this application and recommended denial.
Based on documentation in his master personnel records, the
discharge was correct and within the discretion of the discharge
authority. The applicant did not submit any evidence or identify
any errors or injustices that occurred in the discharge processing.
Addtionally, the applicant provided no facts warranting a change to
his character of service.
A complete copy of the Air Force evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 22 Oct 04 for review and comment within 30 days. As of this
date, no response has been received by this office. (Exhibit D)
___________________________________________________________________
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
review of the available records, the applicant's discharge appears
to be in compliance with the governing regulation and we find no
evidence to indicate that his separation from the Air Force was
inappropriate. We find no evidence of error in this case and after
reviewing the documentation submitted in support of applicant’s
appeal, we do not believe he has suffered from an injustice.
Therefore, based on the available evidence of record, we find no
basis upon which to favorably consider this application.
4. Notwithstanding the above, we note the applicant has not
provided any information concerning his activities since leaving
the service. Should he submit post-service documentation, the
Board may be willing to reconsider his appeal as a matter of
clemency.
5. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
___________________________________________________________________
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 Docket Number BC-2004-
02742 in Executive Session on 7 December 2004, under the provisions
of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Patrick C. Daugherty, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Aug 04.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 20 Oct 04.
Exhibit D. Letter, SAF/MRBR, dated 22 Oct 04.
RICHARD A. PETERSON
Panel Chair
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