RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01698
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 27 NOVEMBER 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During the period he was in the Air Force he suffered a severe mental
disorder.
Applicant does not submit any documentation 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 10 March 1999 in the
grade of airman basic for a period of six years. His highest grade
held was senior airman. He received three Enlisted Performance
Reports (EPRs) closing 15 October 2000, 15 October 2001 and 15 October
2002 in which the overall evaluations were “4,” “3,” and “2.”
On 8 January 2003, applicant’s commander notified him that he was
recommending discharge from the Air Force for minor disciplinary
infractions. The commander was recommending applicant receive an
under honorable conditions (general) discharge based on the following:
(1) On or about 28 April 2000, he receive a Letter of Counseling for
failure to report to his appointed place of duty at the required time.
(2) On or about 27 June 2000, he received a Letter of Reprimand (LOR)
for reporting to work 36 minutes past the appointed time. (3) On or
about 1 December 2000, he received an LOR for failure to report to
duty. (4) On or about 16 February 2001, he received a Record of
Individual Counseling for failure to perform duties as required by
technical orders relating to the assigned task. (5) On or about 26
February 2001, he received a Record of Individual Counseling for
failure to show for an open ranks inspection due to the fact he was
late for duty. (6) On or about 25 May 2001, he received an LOR for
dereliction in his duties in that he was found asleep while on duty
which caused a delay in pre-flight processing of an aircraft. (7) On
or about 20 August 2001, he received an LOR for failure to go to a
mandatory medical appointment. (8) On or about 2 October 2001, he
received an LOR for failure to go to his appointed place of duty at
the time prescribed. (9) On or about 23 May 2002, he received an LOR
for failure to perform a necessary pre-flight inspection and
wrongfully completed an official government document indicating he had
done the inspection. (10) On or about 24 July 2002, he received an
Article 15 for failure to go to his appointed place of duty at the
prescribed time, failure to obey a lawful order and dereliction in the
performance of his duties by failure to maintain his dormitory room in
accordance with set standards. Punishment consisted of reduction to
the grade of airman basic, suspended through 23 January 2003, after
which time it would be remitted without further action, unless sooner
vacated, 30 days correctional custody, and a reprimand. (11) On or
about 1 December 2002, he received an LOR for dereliction in his
duties in that he departed the local area without approved leave from
his unit.
The applicant acknowledged receipt of the notification of discharge
and waived his right to military counsel and submitted statements in
his own behalf. The base legal office reviewed the case file, found
it legally sufficient to support separation 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.
Applicant was separated from the Air Force on 17 January 2003 under
the provisions of AFI 36-3208, Administrative Separation of Airmen
(misconduct), with an under honorable conditions (general) discharge.
He had served 3 years, 10 months and 18 days on active duty.
The Air Force Discharge Review Board (AFDRB) denied applicant’s
requests for upgrade of discharge to honorable, to change the reason
and authority for the discharge, and to change the reenlistment code
on 11 March 2004. A copy of the AFDRB hearing record is at 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 attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 10 June 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 has provided no evidence showing the information in his
records is erroneous, his substantial rights were violated, or his
commanders abused their discretionary authority. Therefore, in the
absence of evidence to the contrary, we find no 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 28 July 2005, under the provisions of AFI 36-
2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Renee M. Collier, Member
Mr. Terry L. Scott, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 May 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 7 Jun 05.
Exhibit D. Letter, SAF/MRBR, dated 10 Jun 05.
KATHLEEN F. GRAHAM
Panel Chair
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