RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-
01619
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 17 NOVEMBER 2006
___________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He has faithfully and honorably been a good ambassador to the
United States of America and is deserving of this request.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 8 Oct 87, for a
period of four years in the grade of airman basic. His highest
grade held was airman first class. He received one Airman
Performance Report (APR) with an overall rating of 8.
On 10 Mar 88, applicant’s squadron section commander notified him
that she was withholding his promotion to airman (E-2), which was
to be effective on 8 Apr 88. The specific reason for the action
was his participation in the Alcohol Rehabilitation Program. On
21 Apr 88, the withhold status was terminated and he was promoted
to airman (E-2).
On 21 Apr 89, applicant’s squadron commander notified him that he
was recommending he be discharged from the Air Force for misconduct
- minor disciplinary infractions. He recommended the applicant
receive a general discharge based on the following reasons: (1) On
or about 21 Feb 88, applicant was drunk on station; (2) On or about
27 May 88, he received a Letter of Counseling (LOC) for failure to
obey a lawful order; (3) On or about 9 Jun 88, he received an LOC
for being derelict in the performance of his duties; (4) He
received an Article 15 on 6 Jan 89, for failure to obey a lawful
order on or about 21 Dec 88; punishment imposed consisted of
reduction to the grade of airman basic, and forfeiture of $355 per
month for two months (forfeiture in excess of $50 pay per month for
two months suspended until 4 Jul 89); and (5) He received an
Article 15 on 15 Mar 89, for wrongfully and unlawfully subscribing
under lawful oath a false statement; punishment imposed was 30 days
of correctional custody and forfeiture of $100 per month for two
months (suspended until 10 Sep 89). The 30 days of correctional
custody was remitted on 10 Apr 89. During his correctional custody
applicant received 45 letters of counseling.
On 21 Apr 89, applicant acknowledged receipt of the notification of
discharge and, after consulting with counsel, waived his right to
submit statements in his own behalf.
The Staff Judge Advocate reviewed the case file and found it
legally sufficient to support discharge and recommended an under
honorable conditions (general) discharge without probation and
rehabilitation. The discharge authority approved the separation
and directed an under honorable conditions (general) discharge
without probation and rehabilitation.
Applicant was discharged on 26 May 89, in the grade of airman
basic, under the provisions of AFR 39-10, Misconduct-Pattern of
Minor Disciplinary Infractions, and received an under honorable
conditions (general) discharge. He was issued an RE Code of 2B
[separated with a general discharge]. He served on active duty for
1 year, 7 months, and 17 days.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS reviewed this application and recommended denial.
They stated, in part, 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. Additionally, the applicant provided no
evidence or identified any errors or injustices that occurred in
the discharge processing. He provided no facts warranting a change
to the character of service.
A complete copy of the Air Force evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant provided a response addressing each incident of
misconduct in detail. He feels his mistakes were not necessarily
nor justifiably so in receiving an under honorable conditions
(general) discharge from the Air Force. He has seen instances
where in today’s military airmen have been given lenient courtesies
to adjust to the military lifestyle.
He submits a letter of character reference from a coworker.
His complete response, with attachment, is at Exhibit E.
___________________________________________________________________
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. After careful
consideration of the available evidence, the discharge appears to
be in compliance with the governing regulations in effect at the
time and we find no evidence to indicate that the applicant’s
separation from the Air Force was inappropriate. We find no
evidence of error in this case and after of thoroughly reviewing
the documentation that has been submitted in support of applicant’s
appeal, we do not believe he has suffered from an injustice.
Therefore, based on the available evidence of record, we find no
basis upon which to favorably consider 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-
01619 in Executive Session on 21 July 2005, under the provisions of
AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Albert C. Ellett, Member
Mr. Jay H. Jordan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 May 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 26 May 05.
Exhibit D. Letter, SAF/MRBR, dated 27 May 05.
Exhibit E. Letter, Applicant, dated 4 Jun 05, w/atch.
MICHAEL K. GALLOGLY
Panel Chair
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