RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01092
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 02 OCTOBER 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His uncharacterized entry-level discharge be upgraded to an honorable
discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has not repeated the offenses in his civilian life for the past 13
years.
Applicant does not provide any documents in support of the appeal.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 29 January 1992 for a
period of four years.
On 24 June 1992, applicant’s commander notified him that he was
recommending discharge from the Air Force for minor disciplinary
infractions. Basis for commander’s recommendation were: (1) On or
about 30 March 1992, he received an ATC Form 341,
Excellence/Discrepancy Report, for standing with his hands in his
pockets. (2) On or about 12 May 1992, he received an ATC Form 341 for
being late for morning formation after being told not to be late. (3)
On or about 20 May 1992, he received an ATC Form 341 for being late
for morning formation. (4) On 29 May 1992, he received a Letter of
Reprimand (LOR) for speaking words of a provoking nature to the
Technical Training Charge of Quarters. (5) On or about 29 May 1992,
he received an ATC Form 341 for using excessive foul language. (6) On
or about 2 June 1992, he received an ATC Form 341 for chuckling in a
marching formation and showing lack of military bearing by making
derogatory remarks to the flight commander. (7) On or about 3 June
1992, he received an ATC Form 341 for failure to comply with
instruction given to him by an NCO and in front of a Military Training
Manager. (8) On or about 10 June 1992, he failed to go at the time
prescribed to his appointed place of duty. (9) On or about 10 June
1992, he wrongfully violated a lawful general regulation by straggling
from formation without authority. (10) On or about 10 June 1992, he
wrongfully violated a lawful general regulation for not wearing proper
headgear while outdoors. (11) On or about 15 June 1992, he failed to
obey a direct order. (12) On 23 June 1992, he received an Article 15
for failure to go at the time prescribed to his appointed place of
duty.
Applicant acknowledged receipt of the notification of discharge and
after consulting with legal counsel waived his right to submit
statements in his own behalf. The discharge authority approved the
separation and directed that applicant be separated with an
uncharacterized entry-level separation.
Applicant was separated from the Air Force on 2 July 1992 under the
provisions of AFR 39-10, Administrative Separation of Airmen (entry-
level performance), with an uncharacterized entry-level separation.
He had served five months and four days on active duty.
_________________________________________________________________
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.
Airmen are given entry-level separation/uncharacterized service
characterization when separation is initiated in the first 180 days
continuous active service.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 22 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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for the conclusion that the
applicant has not been the victim of an error or injustice. The
applicant did not submit any evidence or identify any errors or
injustices that occurred in the discharge processing, nor did he
provide any facts warranting a change to his uncharacterized service.
Furthermore, airmen are given entry-level separation/uncharacterized
service characterization when separation is initiated in the first 180
days continuous active service. 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 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-2005-01092 was considered:
Exhibit A. DD Form 149, dated 9 Apr 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 18 Apr 05.
Exhibit D. Letter, SAF/MRBR, dated 22 Apr 05.
LAURENCE M. GRONER
Panel Chair
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