RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00852
INDEX CODE: 110.02
xxxxxxxxxxxxxxx COUNSEL: NONE
xxxxxxxxxxxxxxxx HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 12 SEP 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told to apply for an upgrade after 6-months.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
12 August 1981 for a term of 4 years.
On 7 February 1985, the applicant's commander notified him that he was
recommending he be discharged from the Air Force for a pattern of
misconduct. The basis for the commander’s recommendation was that on
28 March 1983, he received an Article 15 for writing two checks for
which he had insufficient funds; on 19 May 1983, he received a
vacation of suspended punishment for dishonorably failing to pay a non-
commission officer’s (NCO) club debt; on 5 July 1984, he received a
Letter of Reprimand for his involvement in a domestic disturbance and
assault at the Travis AFB NCO club, and on 17 January 1985, he
received an Article 15 for being absent without authority for 26 days
and failure to obey a lawful order.
He acknowledged receipt of the notification of discharge, and after
consulting with counsel waived his right to submit statements in his
own behalf. The discharge case was reviewed by the base legal office
and found to be legally sufficient to support discharge.
The discharge authority approved his separation and ordered a general
(under honorable conditions) discharge without P&R. Applicant was
separated on 11 March 1985, under the provisions of AFR 39-10,
Administrative Separation of Airmen for (Misconduct-Pattern of
Discreditable Involvement with Military or Civil Authorities) and
received a general (under honorable conditions) discharge. The
applicant served three years, six months and four days on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, provided a copy of an Investigation Report pertaining
to the applicant, which is at Exhibit E.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states that 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 new evidence or
identify any errors or injustices that occurred in the discharge
processing, nor did he provide any facts warranting a change to his DD
Form 214.
The DPPRS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
25 Mar 05, for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
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 an error or injustice to warrant changing his
discharge. After careful consideration of the available evidence, we
found no indication that the actions taken to affect his discharge
were improper or contrary to the provisions of the governing
regulations in effect at the time, or that the actions taken against
the applicant were based on factors other than his own misconduct.
Therefore, we agree with the opinion and recommendation of the Air
Force office of primary responsibility and adopt its rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. 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 Docket Number BC-2005-
00852 in Executive Session on 24 May 2005, under the provisions of AFI
36-2603:
Ms. Marilyn M. Thomas, Vice Chair
Ms. Jan Mulligan, Member
Mr. Michael V. Barbolino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Mar 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 23 Mar 05.
Exhibit D. Letter, SAF/MRBR, dated 25 Mar 05.
Exhibit E. FBI Report, dated 28 Apr 05.
MARILYN M. THOMAS
Vice Chair
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