RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00074
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 08 JULY 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be changed. The
Board could award him the Purple Heart, Bronze Star, Medal of Valor,
etc.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The type of discharge he received was unjust. He is currently
receiving 100% disability compensation from the Department of Veterans
Affairs (DVA).
In support of the appeal, applicant submits a personal statement and a
partial copy of the DVA Decision Review Officer Decision, dated 4 June
2004. Applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 5 March 1982 for a
period of four years. He was progressively promoted to the grade of
airman on 17 April 1982 and airman first class on 17 October 1982. He
received two Airman Performance Reports (APRs) closing 4 March 1984
and 4 March 1983, which overall evaluations were “8,” and “8.”
On 8 March 1984, the applicant’s commander notified him that he was
recommending he be discharged from the Air Force for minor
disciplinary infractions. The commander recommended applicant receive
an under honorable conditions (general) discharge based on the
following: (1) On 11 January 1984, applicant received an Article 15
for drinking eight hours prior to duty, incapacitating himself for the
proper performance of his duties. Punishment consisted of reduction
to the grade of airman and forfeiture of $100.00 for one month. (2)
On 1 January 1983, applicant was found passed out in front of the base
dining facility due to alcohol consumption. (3) On 25 December 1983,
applicant reported for duty incapacitated for the proper performance
of his duties. (4) On 15 November 1982, applicant received a Letter
of Reprimand (LOR) for failing a dormitory room MEI inspection.
In his recommendation for separation, the commander indicated that
prior to the initiation of this action, the applicant had been placed
in the Alcohol Rehabilitation Program in February 1983 and had
successfully completed the program in April 1983. Based on a 25
December 1983 incident, he was again placed in the Alcohol
Rehabilitation Program, where he was identified as a “K-2 Alcoholic
(Alcohol Abuser).”
Applicant acknowledged receipt of the notification of discharge and
waived his rights to consult with legal counsel and submit statements
in his own behalf. The base legal office reviewed the case and found
it legally sufficient to support separation. The reviewer recommended
applicant receive an under honorable conditions (general) discharge
without probation and rehabilitation. The discharge authority
approved the separation and directed that applicant be discharged with
an under honorable conditions (general) discharge without probation
and rehabilitation.
Applicant was separated from the Air Force on 12 April 1984 under the
provisions of AFR 39-10, Administrative Separation of Airmen
(misconduct - pattern of minor disciplinary infractions), with an
under honorable conditions (general) discharge. He had served two
years, one month and two days on active duty.
The DVA rating decision provided by the applicant indicates that, on 4
June 2004, the applicant was granted service connection for post
traumatic stress disorder with an evaluation of 100%, effective 19
February 2002.
_________________________________________________________________
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 at Exhibit C.
On 15 April 2005, SAF/MIBR informed the applicant that they contacted
officials from the Department of Veterans Affairs (DVA) to receive
copies of his service medical records but they did not receive a
response. They informed him of the delay and recommended he contact a
DVA representative if he needed assistance. They also informed him
that his application could not be fully evaluated without the required
records. However, no response has been received.
A copy of letter, with attachments, attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 29 April 2005, 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. Evidence has not been presented
that would lead us to believe the applicant’s administrative discharge
was erroneous or unjust. We have noted the applicant’s contentions
concerning alleged sexual assault. Since we were unable to review the
applicant’s service medical records, our review of this case was
confined to the administrative record. A review of these documents
finds no substantiation for the applicant’s allegations, although it
appears he had a number of opportunities to raise the issues he
discusses in his application when the various actions cited by his
commander were being taken. In cases of this nature, regularity is
presumed in the conduct of Air Force officials absent a showing of
error or injustice. Other than his own assertions, we do not find the
evidence provided by the applicant sufficient to substantiate his
claims. We have also reviewed the DVA decision document provided by
the applicant and do not find it supports a change to his military
records since this decision was dated more than 20 years after his
discharge and it appears the decision was made based largely on
statements made by the applicant after leaving the service. In view
of the above and absent evidence by the applicant showing the
information in his discharge case file is erroneous, his substantial
rights were violated, or his commanders abused their discretionary
authority, the applicant’s request for a change to his discharge is
not favorably considered.
4. We have noted the applicant’s apparent request for various awards.
However, he has provided no evidence showing any act(s) on his part
met the criteria for the requested awards or that recommendations for
the awards were submitted and improperly disapproved. Therefore, his
request in this regard is denied.
_________________________________________________________________
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 30 June 2005, under the provisions of AFI 36-
2603:
Mr. Laurence M. Groner, Panel Chair
Mr. Terry L. Scott, Member
Ms. Kathy L. Boockholdt, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2005-00074 was considered:
Exhibit A. DD Form 149, dated 1 Jan 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 28 Apr 05.
Exhibit D. Letter, SAF/MIBR, dated 15 Apr 05, w/atchs.
Exhibit E. Letter, SAF/MRBR, dated 29 Apr 05.
LAURENCE M. GRONER
Panel Chair
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