RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03180
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be changed to
honorable and the narrative reason for discharge be changed to for the
convenience of the government.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told by his commanding officer that his discharge would be
upgraded after he was discharged from the service.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
11 December 1986. On 17 November 1988, the applicant was
involuntarily discharged under the provisions of AFR 39-10,
(Unsatisfactory Performance) with service characterized as general
(under honorable conditions) in the grade of airman first class. He
served 1 year, and 11 months and 7 days of total active military
service.
The applicant was notified on 6 October 1988 that he was being
recommended for discharge under the provisions of Air Force Regulation
(AFR) 39-10, Unsatisfactory Performance - Failure to Progress in USAF
On-The-Job-Training. The commander recommended applicant receive a
general (under honorable conditions) discharge based on failing his
Career Development Course Examination on two different occasions. The
applicant acknowledged receipt of the discharge notification and
consulted counsel but waived his right to submit statements in his own
behalf. On 3 November 1988, the recommendation was found legally
sufficient for a general discharge and no probation and
rehabilitation.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. 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.
The applicant did not submit any evidence or identify any errors or
injustices that occurred in the discharge processing. He provided no
facts warranting an upgrade of his discharge.
The AFPC/DPPRS 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 19 November 2004, for review and comment. 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, the Board excused
the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of 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. The applicant has
not established by his submission that his commander abused his
discretionary authority, and since we find no abuse of that authority,
there is no compelling reason to overturn the commander’s decision.
We agree with the opinion and recommendation of the Air Force and
adopt its rationale as the basis for our decision that the applicant
has failed to sustain his burden of having suffered either an error or
an injustice. Therefore, in absence of evidence to the contrary, we
find no basis to recommend granting the relief sought.
_________________________________________________________________
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-
03180 in Executive Session on 4 January 2005, under the provisions of
AFI 36-2603:
Ms. Patricia D. Vestal, Panel Chair
Ms. Janet I. Hassan, Member
Ms. Kathleen F. Graham, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Oct 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 10 Nov 04.
Exhibit D. Letter, SAF/MRBR, dated 19 Nov 04.
PATRICIA D. VESTAL
Panel Chair
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