RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2000-02321
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 JUNE 2005
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged on the grounds that he had failed alcohol rehabilitation.
He would like to utilize the Montgomery G. I. Bill educational benefit
that he had originally contributed to while in basic training. He does not
intend to apply for any additional benefits, but only wants his educational
benefits reinstated.
Although his separation from military service carried no negative
consequence other than his immediate dismissal, nothing positive has ever
come from his military service. He faithfully served in Europe and
participated in Operation Northern Watch in Turkey. Over half of his
active duty service was performed on foreign ground.
He has been alcohol free since his separation from service. He has changed
the order of his life and is more productive in relation to his family,
business and community. He avidly participates in public events and has
become a well-respected individual in his community. He has obtained a
bachelor’s degree in communications. He would like to further his
education by obtaining a master’s degree in business administration. The
Montgomery G. I. Bill would help him and his family in overcoming financial
obstacles such as tuition costs.
In support of the application, the applicant submits his personal
statement, an Air Force Discharge Review Board (AFDRB) application, copies
of an enlisted performance report and his separation document. The
applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 14 August 1996, the applicant enlisted in the Regular Air Force at the
age of 19 in the grade of airman basic for a period of 4 years. He was
progressively promoted to the rank of airman first class effective and with
a date of rank of 28 January 1998.
He received an overall rating of “4” on his sole EPR for the period
14 August 1996 through 13 April 1998.
The applicant’s record of disciplinary actions include a letter of
reprimand dated 26 May 1998, for failure to go; and an Article 15 dated 18
July 1997 for being for drunk and disorderly. On 2 July 1998, he failed
the Alcohol and Drug Abuse Prevention and Treatment program.
On 4 September 1998, the applicant’s commander notified him that he was
recommending his discharge from the Air Force under the provisions of AFPD
36-32 and AFI 36-3208 for Failure in Alcohol Abuse Treatment. The
applicant was advised of his rights, and after consulting military legal
counsel waived his right to submit a statement on his own behalf. In a
legal review of the discharge case file, the staff judge advocate found the
file legally sufficient and recommended the applicant be discharged with a
general discharge without probation and rehabilitation. On 16 October
1998, the discharge authority approved the recommendation for discharge and
directed he be given a general discharge. The applicant was discharged
with an under honorable conditions (general) discharge on 26 October 1998.
He had served 2 years, 2 months and 13 days on active duty, to include 1
year, 4 months and 10 days of foreign service.
On 1 October 2000, the applicant submitted a similar appeal to the Air
Force Discharge Review Board (AFDRB). On 13 November 2000, the AFDRB
determined that the discharge was consistent with the procedural and
substantive requirements of the discharge regulation, and was within the
discretion of the discharge authority. AFDRB concluded there was no legal
or equitable basis for upgrade of discharge (Exhibit B).
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial. DPPRS states that based on the
documentation on file in the master personnel records and the AFDRB
proceedings, the discharge was consistent with the procedural and
substantive requirements of the discharge regulation, and within the
discretion of the discharge authority. DPPRS concludes the applicant did
not submit any evidence or identify any errors or injustices that occurred
during the discharge process, and provided no facts warranting an upgrade
of his discharge. DPPRS’s evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant for
review and comment on 18 February 2005. As of this date, this office has
received no response (Exhibit D).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. Evidence has not been provided that would
lead us to believe the applicant’s discharge was erroneous or unjust.
Although the applicant states that he has been a productive member of
society, he has not provided evidence pertaining to his post-service
activities or showing he has overcome the behavior that led to his
separation. Additionally, we do not believe a sufficiently lengthy period
of time has elapsed since the discharge for the applicant to convincingly
demonstrate he has overcome the traits that led to his separation, thereby
warranting the exercise of clemency at the present time. Should the
applicant continue to make a successful post-service adjustment, as he
alleges, and provide evidence attesting to that fact at a later date,
reconsideration of his appeal may be possible. In the absence of such
evidence and based on the circumstances presented in the case at this time,
we find no basis on which to favorably consider this application.
_________________________________________________________________
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 28 July 2005, under the provisions of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Renee M. Collier, Member
Mr. Terry L. Scott, Member
_________________________________________________________________
The following documentary evidence was considered for AFBCMR Docket Number
BC-2000-02321:
Exhibit A. DD Form 149, dated 25 Jan 05 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 11 Feb 05.
Exhibit D. Letter, SAF/MRBR, dated 18 Feb 05.
KATHLEEN F. GRAHAM
Panel Chair
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