RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01232
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 14 OCT 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
As per agreement for early separation, he requested a change in
discharge category as explained to him on 3 August 1983.
In support of his application, applicant submits a letter from
Department of Veteran’s Affairs, and a copy of DD Form 214,
Certificate of Release or Discharge from Active Duty.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 17 March 1981. He was
progressively promoted to the grade of airman first class (E-3) with
an effective date and a date of rank of 17 March 1982.
On 14 July 1983, the applicant received notification from his
commander that he was being recommended for discharge due to
misconduct (pattern of conduct prejudicial to good order and
discipline).
(1) On or about 4 August 1981, applicant was convicted by the
Magistrate Court, Seventh Judicial Circuit, State of South Dakota for
reckless driving.
(2) Failed to return to his place of duty as required on or
about 4 April 1982.
(3) Failed to maintain dormitory cleanliness standards on or
about 11 May 1982.
(4) Operated a vehicle at an excessive rate of speed on
Ellsworth AFB on or about 1 October 1982.
(5) Tested positive for drug abuse (marijuana) on or about 3 May
1983.
(6) Tested positive for drug abuse (marijuana) on or about
25 May 1983.
(7) Tested positive for drug abuse (marijuana) on or about
8 June 1983.
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 base legal office reviewed the case
and found it legally sufficient to support separation and recommended
applicant receives a general (under honorable conditions) discharge
without probation and rehabilitation. The discharge authority approved
the separation and directed that applicant be discharged with a
general (under honorable conditions) discharge without probation and
rehabilitation.
On 3 August 1983, the applicant was separated under the provisions of
AFR 39-10, Administrative Separation of Airmen (misconduct - pattern
of conduct prejudicial to good order and discipline), with a general
(under honorable conditions) discharge. He served 2 years, 4 months,
and 17 days of total active military service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial. Based on the documentation in the
file, 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 new evidence or identify any errors or injustices that occurred in
the discharge proceedings. He provided no facts warranting a charge
to his character of service.
AFPC/DPPRS’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 22 April 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, 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. The records reflect that the
commander initiated administrative actions based on information he
determined to be reliable and the administrative actions taken appear
to have been properly accomplished. The applicant was afforded all
rights granted by statute and regulation. We are not persuaded by the
evidence presented that the commander abused his discretionary
authority when he initiated the discharge action, and since we find no
abuse of that authority, we find no reason to overturn the commander’s
decision. Therefore, we agree with the opinions 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 of having suffered
either an error or an injustice. In view of the above, we find no
basis to recommend granting the relief sought.
_________________________________________________________________
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-
2005-01232 in Executive Session on 9 June 2005, under the provisions
of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Michael J. Maglio, Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, 4 Apr 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, 21 Apr 05.
Exhibit D. Letter, SAF/MRBR, 22 Apr 05.
RICHARD A. PETERSON
Panel Chair
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