RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01768
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: YES
MANDATORY COMPLETION DATE: 5 DECEMBER 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be changed to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was given a general (under honorable conditions) discharge for
failing his Career Development Course (CDC) examinations; this
discharge was an excessive and unjust punishment.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
30 June 1994.
The applicant was notified on 30 August 1996 that he was being
recommended for discharge under the provisions of Air Force
Instruction (AFI) 36-3208, Unsatisfactory Performance - Failure to
Progress in USAF On-The-Job-Training. The commander recommended
applicant receive a general (under honorable conditions) discharge
based on failing his Career Development Course Examination on two
different occasions. Applicant received four letters of counseling for
failing to meet Air Force standards and his disregard for military
decorum lead to the recommendation for a general (under honorable
conditions) discharge.
The applicant acknowledged receipt of the discharge notification and
waived his rights to consult with legal counsel and submit statements
on his own behalf. On 13 September 1996, the recommendation was found
legally sufficient for a general discharge and no probation and
rehabilitation.
On 25 September 1996, the applicant was involuntarily discharged under
the provisions of AFI 36-3208, (Unsatisfactory Performance) with
service characterized as general (under honorable conditions) in the
grade of airman first class. He served 2 years, 2 months and 26
days of total active military service.
On 5 September 1997, the Air Force Discharge Review Board denied his
application and concluded the discharge was consistent with the
procedural and substantive requirements of the discharge regulation
and was within the discretion of the discharge authority and that the
applicant was provided full administration due process.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. 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 evidence or identify any errors or
injustices that occurred in the discharge processing. He provided no
facts warranting an upgrade of his discharge.
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 17 June 2005, for review and comment. 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, the Board excused
the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After a thorough review of the
evidence of record and applicant’s submission, we are not persuaded
that his discharge should be upgraded to honorable. The applicant has
not established by his submission that his commander abused his
discretionary authority, and since we find no abuse of that authority,
there is no compelling reason to overturn the commander’s decision.
We agree with the opinions and recommendations 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. Therefore, in absence of evidence to the contrary, we
find no basis to recommend granting the relief sought.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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-
01768 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 25 May 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 13 Jun 05.
Exhibit D. Letter, SAF/MRBR, dated 17 Jun 05.
JOHN B. HENNESSEY
Panel Chair
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