RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00776
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 9 SEP 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His separation date be changed from 25 September 1997 to 27
September 1997.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He accepted voluntary separation and was never informed he would be
ineligible for his veteran’s benefits. Since he selected his separation
date and was not provided with all the necessary information concerning his
benefits, he believes his separation date to be unjust.
In support of his application, applicant submits a personal statement, and
a letter from Department of Veterans Affair.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on 27
September 1995.
On 15 September 1997, he was notified by his commander that he was
recommending him for discharge for a pattern of minor disciplinary
infractions and recommended a general discharge. Basis for the action was:
(1) On 21 October 1996, received a Letter of Reprimand for operating
a motor vehicle while under the influence of alcohol and consumption of
alcohol while under the legal age
(2) On 18 February 1997, received a Letter of Admonishment for
failure to go to his prescribed place of duty.
(3) On 7 August 1997, received a Letter of Reprimand for dereliction
in the performance of his duties.
(4) On 8 September 1997, received an Article 15 for operating a motor
vehicle while drunk.
On 25 September 1997, applicant was discharged with a general (under
honorable conditions) discharge without probation and rehabilitation in the
grade of airman. He served 1 year, 11 months and 25 days of total
active military service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial and states there is no basis to change the
applicant’s date of separation to a different date to entitle him to
veteran’s benefits. Based on the documentation in the file, DPPRS believes
the discharge was consistent with the procedural and substantive
requirements of the discharge regulation. The discharge was within the
discretion of the discharge authority. Applicant did not submit any
evidence or identify any errors or injustices that occurred in the
discharge proceedings.
AFPC/DPPRS complete evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 25
March 2005, for review and comment 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, 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 the applicant’s submission, the majority of the Board is not
persuaded his date should be changed to one that qualifies him for VA
benefits. The record indicates that, less than two year after his entry on
active duty, the applicant began to exhibit a pattern of misconduct
prejudicial to good order and discipline within the Air Force. The
applicant has provided no evidence that would lead the majority of the
Board to believe the information contained in the discharge case file is
erroneous, he was not afforded all the rights to which he was entitled, or
his commanders abused their discretionary authority. In view of the above,
the majority of the Board has no basis to conclude the applicant’s
discharge is erroneous or unjust. Therefore, his request that the reason
for his separation be changed is not favorably considered.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the Board finds insufficient evidence of error or injustice
and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2005-
00776 in Executive Session on 7 July 2005, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Mr. James W. Russell III, Member
Ms. Sue A. Lumpkins, Member
By a majority vote, the Board recommended denial of the application. Mr.
Peterson voted to grant; but does not wish to submit a minority report.
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Mar 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 16 Mar 05.
Exhibit D. Letter, SAF/MRBR, dated 25 Mar 05.
RICHARD A. PETERSON
Panel Chair
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of XXXXXXX, XXXXXXX
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that the applicant
had not provided sufficient evidence of error or injustice and recommended
the case be denied. I concur with that finding and their conclusion that
relief is not warranted. Accordingly, I accept their recommendation that
the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards
Agency
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