RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01256
INDEX CODE: 106.00, 110.02
XXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 16 OCT 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served honorably for over 17 years and believes his discharge
characterization should reflect his overall service. He has been in
recovery since he was discharged, works as a chemical dependency
counselor and helps others recover from diseases.
In support of his request, applicant provided a personal statement.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered into the Air Force on 23 August 1972 and was
progressively promoted to the grade of technical sergeant.
On 13 March 1989, the applicant's commander notified him that he was
recommending he be discharged from the Air Force for his failure in
the alcohol abuse rehabilitation and a pattern of misconduct-conduct
prejudicial to good order and discipline. The basis for the action
was on 18 January 1989, the applicant failed the base alcohol
rehabilitation program. On two separate occasions he was placed as an
inpatient at an alcohol rehabilitation center; on 31 January 1989, he
received an Article 15 for failure to go at the prescribed time to his
appointed place of duty; on 22 December 1988, he received a Letter of
Reprimand (LOR) for being late to his place of duty; on 5 December
1988, he received a Memorandum for Record (MFR) for being late to his
place of duty; on 30 November 1988, he received a MFR for failure to
make his appointment for flu shots; on 6 September 1988, he received a
Letter of Counseling for performing his duties unsatisfactorily; on 16
December 1982, he received an Article 15 for being drunk on duty; and
during the last half of 1982, he received three LORs for failure to
repair.
He acknowledged receipt of notification for discharge on 13 March
1989. He did not waive his right to a hearing before an
administrative discharge board or his right to military counsel. He
declined to submit statements in his own behalf. The base legal
office found the case was legally sufficient to support discharge. The
Secretary of the Air Force approved the administrative discharge and
directed the applicant be discharged and denied lengthy service
probation.
On 3 November 1989, the applicant was discharged under the provisions
of AFR 39-10, Administrative Separation of Airmen, (alcohol abuse
rehabilitation failure) and received a general (under honorable
conditions) discharge. He served 17 years, 2 months and 11 days on
active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. 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, 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
29 April 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 general
(under honorable conditions) discharge to honorable. 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-
01256 in Executive Session on 19 July 2005, under the provisions of
AFI 36-2603:
Mr. John B. Hennessey, Panel Chair
Mr. Richard K. Hartley, Member
Ms. Patricia R. Collins, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Apr 05, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 28 Apr 05.
Exhibit D. Letter, SAF/MRBR, dated 29 Apr 05.
JOHN B. HENNESSEY
Panel Chair
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