RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01458
INDEX CODE: 110.00, 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 03 NOVEMBER 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His under honorable conditions (general) discharge be upgraded to
honorable and the narrative reason for separation be changed to
convenience of the government.
2. His DD Form 214, Certificate of Release or Discharge from Active
Duty be corrected to show he was awarded the Iraq Service Medal and
the War on Terrorism Service Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge from the Air Force was unjust and unfair due to the
administrative actions against him which denied him due process.
In support of the appeal, applicant submits personal statements, a
copy of his DD Form 214, and a copy of his orders to Iraq.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 20 August 2002 for a
period of four years. He was promoted to the grade of airman on 20
February 2003. He received one Enlisted Performance Report (EPR)
closing 20 April 2004, in which the overall evaluation was “2.”
On 23 August 2004, applicant’s commander notified him that he was
recommending discharge from the Air Force for misconduct - minor
disciplinary infractions. The commander was recommending applicant
receive an under honorable conditions (general) discharge based on the
following: (1) On or about 30 November 2002, he wrongfully consumed
alcoholic beverages while underage. (2) On or about 11 March 2004, he
wrongfully attempted to cheat on his Emergency Medical Technician
course final examination. (3) On or about 11 March 2004, he stole a
copy of the Emergency Medical Technician course final examination,
military property. (4) On or about 4 August 2004, before the enemy,
he caused a false alarm in Kirkuk Air Base by needlessly and without
authority sounding the general alarm. (5) On or about 5 August 2004,
without authority he failed to go at the time prescribed to his
appointed place of duty (Kirkuk Air Base Fire Station One). Applicant
acknowledged receipt of the notification of discharge and, after
consulting with legal counsel, submitted statements in his own behalf.
The base legal office reviewed the case file and found it legally
sufficient to support discharge and recommended applicant be
discharged with an under honorable conditions (general) discharge
without probation and rehabilitation. The discharge authority
approved the separation and directed that applicant be discharged with
an under honorable conditions (general) discharge without probation
and rehabilitation.
Applicant was separated from the Air Force on 22 September 2004 under
the provisions of AFI 36-3208, Administrative Separation of Airmen
(misconduct), with an under honorable conditions (general) discharge.
He had served two years, one month and three days on active duty.
On 18 October 2004, applicant submitted an application to the Air
Force Discharge Review Board (AFDRB) requesting his under honorable
conditions (general) discharge be upgraded to honorable and the
narrative reason for separation changed to convenience of the
government. The AFDRB considered all the evidence of record and
concluded the misconduct was a significant departure from conduct
expected of all military members and the characterization of the
discharge received by the applicant was appropriate. The Discharge
Review Board concluded that the discharge was consistent with the
procedural and substantive requirements of the discharge regulation
and was within the discretion of the discharge authority and applicant
was provided full administrative due process (Exhibit B).
_________________________________________________________________
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.
Therefore, they recommend denial of applicant’s request. A complete
copy of the evaluation is at Exhibit C.
On 10 May 2005, applicant was informed of his entitlement to the
Global War on Terrorism Expeditionary Medal for his service in Iraq.
He was further informed that the Iraq Campaign Medal and the
Afghanistan Campaign Medal criteria for authorization and wear would
be determined by the Secretary of the Air Force at a later date
(Exhibit D).
On 17 May 2005, applicant was informed that there was an error on his
DD Form 214, Certificate of Release or Discharge from Active Duty. A
DD Form 215, Correction to DD Form 214, has been completed to correct
item 13 to show that he is the recipient of the Global War on
Terrorism Expeditionary Medal for his service in Iraq (Exhibit E).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 20 May 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 (Exhibit F).
The father of the applicant provided a statement saying that his son
has done very well since his discharge. He is a proud member of the
local VFW and is involved in many civic events. He attended and
completed an Emergency Medical Technician Course at a local hospital
and is nationally certified. He has worked at a local bank as a
teller for several months and is on the top of the list for a position
as a mail carrier with the United States Postal Office. He strongly
feels that his son should not have to continue to pay for the minor
mistakes he made the rest of his life. He only asks that the Board
try and see past his son’s minor mistakes and realize that he has been
punished enough and grant him the relief he requested. A copy of the
father's letter is at Exhibit G.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After reviewing the
evidence of record and noting the applicant’s contentions, the
majority of the Board is not persuaded that the applicant’s discharge
was erroneous or unjust. The applicant has provided no evidence that
would lead the Board majority to believe the information in the
discharge case file is erroneous, his substantial rights were
violated, his commanders abused their discretionary authority, or his
service, when weighed against his infractions against the good order
and discipline of the service, warranted a better characterization
than the one he received. We note the statements of the applicant and
his father pertaining to his post-service activities. While we
encourage the applicant to continue in his endeavors, since it has
been less than a year since his separation, the Board majority is of
the opinion that sufficient time has not passed for the applicant to
demonstrate he has now achieved a level of maturity required to
successfully serve in the highly structured military environment.
Therefore, the applicant’s requests that his discharge be upgraded and
the reason for his separation be changed are not favorably considered.
4. We noted the applicant’s records have been administratively
corrected to show his entitlement to the Global War on Terrorism
Expeditionary Medal. As to the applicant’s request for award of the
Iraq service Medal, since administratively relief may be possible with
respect to this award, action by this Board at this time would be
inappropriate.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 12 July 2005, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Frederick R. Beaman III, Member
Ms. Dorothy P. Loeb, Member
By a majority vote, the Board recommended denial of the application.
Ms. Dorothy P. Loeb voted to correct the records pertaining to the
applicant’s discharge but does not desire to submit a Minority Report.
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Apr 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 3 May 05.
Exhibit D. Letter, AFPC/DPPPRA, dated 10 May 05.
Exhibit E. Letter, AFPC/DPPRSP, dated 17 May 05, w/atchs.
Exhibit F. Letter, SAF/MRBR, dated 20 May 05.
Exhibit G. Letter from Applicant’s Father, dated 1 Jun 05.
THOMAS S. MARKIEWICZ
Chair
AFBCMR BC-2005-01458
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of
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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