ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1993-02122
INDEX CODE: 106.00, 110.02
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests his 1980
general discharge be upgraded to honorable and the reason for discharge be
changed.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 15 Aug 78 for four
years. He received a Letter of Reprimand (LOR) on 26 Oct 78 for being
drunk and disorderly on station. On 20 Feb 79, he received a reduction to
airman basic under Article 15, suspended until 26 Aug 79, and forfeiture of
$50 per month for two months, for being drunk and disorderly on station.
He was promoted to airman first class on 15 Aug 79. On 26 Oct 79, he
received a reduction to airman under Article 15, suspended until 29 Apr 80,
and forfeiture of $100, for being disorderly on station. On 8 Aug 80, he
was reduced to airman by Article 15 punishment for failing to go to his
place of duty. He received another LOR on 26 Aug 80 for dereliction of
duty. On 7 Sep 80, the commander recommended the applicant be separated
with a general discharge without further probation and rehabilitation. The
commander noted the applicant went through the Alcohol Abuse Rehabilitation
Program and was placed back in the program following other alcohol-related
incidents. The applicant was separated with a general discharge on 9 Oct
80 for Misconduct-Frequent Involvement of a Discreditable Nature after 2
years, 1 month, and 25 days of active service.
On 29 Sep 92, in a personal appearance, the Air Force Discharge Review
Board (AFDRB) denied the applicant’s request for an honorable discharge and
a changed reason for separation. A copy of the AFDRB Brief is provided at
Exhibit C.
On 8 Mar 94, the AFBCMR denied the applicant’s appeal for an upgraded
discharge and an amended narrative reason and reenlistment eligibility (RE)
code on the basis of untimeliness. A copy of the Record of Proceedings
(ROP), with attachments, is provided at Exhibit E.
In an application dated 4 May 05, and a supplemental submission dated 9 May
05, the applicant requests reconsideration, contending the incidents were
minor and alcohol-related. He did not realize until years after his
discharge that he was an alcoholic, making it impossible for him to drink
in “moderation” as the Air Force had advised. He belongs to Alcoholics
Anonymous (AA) but has been unemployed since 9/11. He wants his discharge
upgraded and the reason for separation amended because he was applying for
a position as a corrections officer with the New York City Department of
Corrections (NYC DOC). He supplies a copy of a 28 Jul 03 letter from the
Department of Veterans Affairs (DVA), which indicates his discharge was
honorable [apparently the DVA considers honorable and general (under
honorable conditions) discharges the same]. However, on 26 Apr 05, the NYC
DOC advised the applicant that he needed to provide an upgraded DD Form 214
reflecting an honorable discharge by 13 May 05. He asks that the stigma he
has endured for 25 years be removed. Complete copies of his submissions,
with attachments, are provided at Exhibit F.
On 19 May 05, the AFBCMR Staff invited the applicant to submit post-service
information (Exhibit G).
On 26 May 05, the applicant responded to the AFBCMR Staff’s invitation to
provide post-service information. He explains he received counseling for
his alcohol-induced altercations, but was advised to drink moderately and
socially. However, as an alcoholic, this was impossible. He continued
drinking, especially when he became concerned about his father’s health.
He discusses his activities since his discharge, advises he joined AA, and
explains why he can only provide a few references. A copy of the
applicant’s response, with attachments, is provided at Exhibit H.
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI),
Washington, D.C., provided an investigative report which is attached at
Exhibit I.
A copy of the FBI report was forwarded to the applicant on 26 May 05 for
review and comment within 20 days (Exhibit J). However, this office has
received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After careful consideration, we conclude the applicant has not provided
persuasive evidence showing his discharge was improper or contrary to the
provisions of the governing regulations in effect at the time, or that the
actions taken against him were based on factors other than his own
misconduct. The applicant was given opportunities for rehabilitation while
he was in the service through various disciplinary actions and his two-time
placement in the Alcohol Abuse Rehabilitation Program. Further, the
contents of the FBI Report reveal his misconduct continued after his
discharge. We took note of the applicant’s post-service submission.
However, the two references provided only covered an employment period of
approximately three years with nearly 20 years between these two jobs.
These meager and somewhat weak documents do not overcome the misconduct the
applicant displayed both in the service and for many years thereafter.
Other than his own assertions, he provides no further documents attesting
to his character and rehabilitation in civilian life. Having found no
error or injustice with regard to the actions that occurred while he was a
military member, and little evidence that his post-service history reveals
a fully rehabilitative citizen, we cannot recommend upgrading the
applicant’s discharge characterization or amending the reason for his
discharge on the basis of either merit or clemency.
_________________________________________________________________
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 31 August 2005, under the provisions of AFI 36-2603:
Mr. Charles E. Bennett, Panel Chair
Mr. Wayne R. Gracie, Member
Ms. Renee M. Collier, Member
The following documentary evidence relating to AFBCMR Docket Number BC-1993-
02122 was considered:
Exhibit E. ROP, dated 8 Mar 94, w/atchs.
Exhibit F. DD Form 149, dated 4 May 05, and Letter, dated
9 May 05, w/atchs.
Exhibit G. Letter, AFBCMR, dated 19 May 05.
Exhibit H. Letter, Applicant, dated 26 May 05, w/atchs.
Exhibit I. FBI Report.
Exhibit J. Letter, AFBCMR, dated 26 May 05.
CHARLES E. BENNETT
Panel Chair
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