RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00586
INDEX CODE: 110.00
COUNSEL: None
HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 21 AUG 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He performed his duties with honor despite being afflicted by the
disease of alcoholism. He has sought help and is in a state of
recovery and sober. He was not given or offered any treatment by
the noncommission officer in charge (NCOIC) or his commander (CO)
prior to his separation.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 12 August 1985, the applicant enlisted in the Regular Air Force
(RegAF) as an airman basic (AB) for a period of four years.
On 14 April 1988, the applicant was notified of his commander’s
intent to recommend him for discharge from the Air Force for
misconduct minor disciplinary infractions and unsatisfactory
performance in accordance with AFR 39-10, under the provisions of
paragraph 5-46 and 5-26a with a general discharge. The commander
stated the following reasons for the proposed discharge:
a. On 16 April 1986, the applicant failed to report to his
scheduled CWDT training and also failed to report to his duty
section for the entire day. For this misconduct, the applicant
received written counseling.
b. On 18 April 1986, the applicant reported to duty 55
minutes late. For this misconduct, the applicant received
counseling.
c. On 8 May 1986, the applicant was 15 minutes late to
work, for which he received written counseling.
d. As of 9 May 1986, the applicant’s performance in the
Pneudraulic Shop was substandard; he had been late to work four
times, his job performance was marginal, and his attitude was less
than satisfactory, for which he received a letter of reprimand
(LOR).
e. On 13 August 1986, the applicant was observed sleeping
on duty. For this misconduct, the applicant received written
counseling.
f. The applicant from 8 September 1986 to 15 September 1986
was late to work three times, for which he received an LOR.
g. On 7 October 1986, the applicant’s account at the Clark
AB Coconut Grove was delinquent in the amount of $122.90, for which
he was counseled.
h. On 15 October 1986, the applicant failed to report for
duty at the prescribed time, for which he received written
counseling.
i. On 18 October 1986, the application violated dorm
visitation rules by having a female guest in the dorm during the
prohibited hours of 2400-0700. For this misconduct, the applicant
received an LOR.
j. On 4 November 1986, the applicant failed to go to his
scheduled appointment at the Public Health Clinic. For this
misconduct, the applicant received a verbal reprimand.
k. On 6 November 1986, the applicant violated dorm
visitation rules by leaving his unescorted female guest in the
dormitory during his absence. For this misconduct, the applicant
received an LOR.
l. On 10 December 1986, the applicant failed his Career
Development Course end-of course exam, for which he was counseled
and assigned two to three hours daily study time after duty hours
prior to his retesting on 15 January 1987.
m. As of 20 March 1987, the applicant’s account at the
Clark AB Coconut Grove was delinquent in the amount of $118.40, for
which he was counseled.
n. On 9 April 1987, the applicant was 1 hour and 30 minutes
late for duty, for which he received written counseling.
o. On 17 April 1987, the applicant reported one hour late
for duty, for which he received written counseling.
p. On 22 April 1987, the applicant was 45 minutes late for
duty. For this misconduct, he received an LOR.
q. As of 23 April 1987, the applicant’s Base Exchange
Deferred Payment Plan (DPP) account was delinquent in the amount of
$47.47, for which he was counseled.
r. On or about 27 April 1987, the applicant’s personal
appearance was not within Air Force standards, for which he was
counseled.
s. On 27 April 1987, the applicant failed to go to his
scheduled appointment at the Public Health Clinic, for which he was
counseled.
t. On 1 May 1987, without authority, the applicant failed
to go at the prescribed time to his appointed place of duty. For
this misconduct, the applicant received an Article 15.
u. On 26 June 1987, the applicant reported for duty 30
minutes late. For this misconduct his punishment consisted of
written counseling.
v. As of 20 July 1987, the applicant’s Airmen’s Open Mess
account was delinquent in the amount of $76.80.
w. On 4 September 1987, the applicant was derelict in the
performance of his duties by failing to do the work assigned, for
which he received written counseling.
x. The applicant’s account at the Solid Vision Video Rental
was delinquent from 4 May 1987 until 19 October 1987, for which he
was counseled.
y. As of 23 October 1987, the applicant’s Base Exchange DPP
account was delinquent in the amount of $46.88, for he was
counseled.
z. As of 22 December 1987, the applicant accounts at Solid
Vision Video Rental and Friendship were delinquent. For this
misconduct, the applicant received an LOR.
aa. As of 20 January 1988, the applicant’s account at the
Airmen’s Open Mess was delinquent in the amount of $91.45. For this
misconduct, the applicant was counseled.
bb. As of 20 February 1988, the applicant’s account at the
Airmen’s Open Mess was delinquent in the amount of $63.85.
cc. The overall rating on his last four Airmen’s Performance
Reports (APRs) were 6 (11 November 1986), 7 (11 March 1987), 7
(12 November 1987) and 6 (15 March 1988), indicating a progressively
downward trend in the his performance ratings.
dd. On or about 16 March 1988, the applicant submitted and
falsified and fraudulently prepared Air Force (AF) Form 357
(Dependent Care Certification) to the Squadron Section Commander.
For this misconduct he received an LOR.
The commander advised the applicant of his right to consult legal
counsel, submit statements in his own behalf, or waive the above
rights after consulting with counsel.
The commander indicated in his recommendation that he ensured the
applicant was given opportunity for rehabilitation. The applicant
received numerous verbal and written counseling; financial
counseling and training, numerous reprimands, Article 15 punishment
including correction custody, and two separate periods on the
control roster. The commander further recommended the applicant be
discharged without probation and rehabilitation.
On 18 April 1988, after consulting with counsel, the applicant
waived his right to submit a statement.
A legal review was conducted on 27 April 1988 in which the staff
judge advocate recommended the applicant be separated from the Air
Force with a general discharge without probation and rehabilitation.
On 29 April 1988, the discharge authority directed the applicant be
discharged with a general discharge without probation and
rehabilitation.
Applicant’s EPR profile is listed below.
PERIOD ENDING OVERALL EVALUATION
6 Sep 86 8
11 Nov 86 6
11 Mar 87 7
*12 Nov 87 7
*15 Mar 88 6
*Referral report.
Applicant was discharged on 3 November 1988, in the grade of airman
with a general (under honorable conditions) discharge, in accordance
with AFR 39-10 (Misconduct - Pattern of Minor Disciplinary
Infractions. He served a total of 3 years, 2 months and 22 days of
active service.
Pursuant to the Board’s request, the Federal Bureau of
investigation, Washington, D.C., indicated on the basis of the data
furnished they were unable to locate an arrest record (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states the applicant has not submitted any evidence nor
identified any errors or injustices that occurred in the processing
of his discharge. Based upon the documentation in the applicant’s
file, they believe his discharge was consistent with the procedural
and substantive requirements of the discharge regulations of that
time. Also, the discharge was within the sound discretion of the
discharge authority. The applicant did not provide any facts to
warrant an upgrade of his discharge. Based on the information and
evidence provided they recommend the request be denied.
A copy of the Air Force evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
1 April 2005, for review and response. As of this date, no response
has been received by this office.
On 21 April 2005, the Board staff requested the applicant provide
documentation regarding his activities since leaving military
service. The applicant did not respond (Exhibit F).
_________________________________________________________________
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 of timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or an injustice. After noting
the applicant's complete submission 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
that he has suffered either an error or an injustice. The applicant
contends that although he performed his duties with honor he was
suffering from alcoholism and was not given or offered any treatment
from his unit. We note the applicant was discharged due to his
misconduct and his records do not reflect that any of his misconduct
was related to alcoholism. The applicant has not presented
persuasive evidence that the discharge was not consistent with the
procedural and substantive requirements of the Air Force regulation.
Therefore, based on the documentation in the applicant's records,
it appears that the processing of the discharge and the
characterization of the discharge were appropriate and accomplished
in accordance with Air Force policy. The applicant has not
established to our satisfaction that he has been the victim of an
error or injustice. The applicant has not requested clemency, and
has failed to respond to a request to provide documentation
regarding his post-service accomplishments and activities; however,
should he provide documentation pertaining to his post-service
accomplishments and activities, this Board would be willing to
review the materials for possible reconsideration of his request
based on clemency. Therefore, in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the
relief sought in this application.
_________________________________________________________________
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 AFBCMR Docket Number
BC-2005-00586 in Executive Session on 8 June 2005 under the
provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Dorothy P. Loeb, Member
Mr. Clarence D. Long III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Jan 05.
Exhibit B. Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 24 Mar 05.
Exhibit E. Letter, SAF/MRBR, dated 1 Apr 05.
Exhibit F. Letter, AFBCMR, dated 22 Apr 05, w/atch.
MICHAEL K. GALLOGLY
Panel Chair
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