RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01991
INDEX CODE: 106.00, 100.05
COUNSEL: None
HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 24 Dec 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214 reflect an Air Force Specialty Code (AFSC) of 81150
rather than 81130, and his 1985 discharge be upgraded from general to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told that, after six months, his discharge would be upgraded to
honorable. He earned the 81150 status through training. He did not
know how to go about asking for these corrections.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force for a period of four
years on 18 Dec 81. He was first assigned to the 8th Security Police
Squadron at Kunsan AB, Korea, and then to the 831st Security Police
Squadron at George AFB, CA, around 25 May 83. According to his
Enlisted Performance Reports (EPRs), he had a Primary AFSC (PAFSC) and
a Duty AFSC (DAFSC) of 81130 while assigned at Kunsan. On his first
EPR at George AFB, he had a PAFSC of 81150 and a DAFSC of 81130; the
second EPR had a PAFSC and a DAFSC of 81130. All four EPRs had
overall ratings of 8.
The applicant was promoted to the grade of airman first class on 3 Aug
82.
On 19 Jun 83, the applicant was counseled for reporting late for duty.
An investigation was conducted into allegations that the applicant and
another airman had female guests in their rooms. Subsequently, on
29 Nov 83, the applicant received nonjudicial punishment in the form
of restriction to the base for 14 consecutive days for disobeying a
lawful order by having a guest in his dorm room after visitation hours
on or about 27 Oct 83. The applicant made a personal appearance but
did not submit a written presentation. He did not appeal the
punishment.
The applicant also received counseling for a series of minor
infractions.
Following an investigation, the applicant received a Letter of
Reprimand (LOR), on 14 Jun 84, for disobeying a lawful order by
failing to register a privately owned vehicle, operating a motorcycle
without a license, and failing to report the purchase and use of a
motorcycle to the commander for the period 1-10 Apr 84 through 14 May
84; and for disobeying a lawful order on 14 May 84 to leave the
motorcycle parked.
On 10 Jul 84, the applicant received another LOR for failing to report
to duty on 8 Jul 84.
On 8 Feb 85, a special court-martial found the applicant guilty of
wrongful use of marijuana on or about 24 Nov 84, but not guilty of
wrongful distribution of marijuana on that same date. The applicant
had pled not guilty to both specifications. The applicant was
confined for four months, forfeited $400.00 pay per month for four
months, and was reduced from the grade of airman first class to airman
basic.
On 20 May 85, the applicant was notified of his commander’s intent to
recommend him for a general discharge, citing his court-marital
conviction. On that same date, the applicant acknowledged receipt,
consulted counsel, and the commander recommended him for general
discharge. [The recommendation letter noted the applicant had formal
training in L3ABR81130-002, Security Specialist Course.] The
commander did not recommend probation and rehabilitation (P&R). The
applicant waived his right to submit statements.
On 11 May 85, legal review found the case sufficient and recommended a
general discharge without P&R. On 4 Jun 85, the discharge authority
approved the applicant’s general discharge without P&R.
On 14 Jun 85, after three years, five months, and seven days of active
service, the applicant was separated in the grade of airman basic with
a general discharge for misconduct.
On 26 Jul 05, HQ AFPC/DPPRSP advised the applicant that Section 11 of
his DD 214 had been administratively corrected to reflect a specialty
title of Apprentice Security Specialist, rather than Security
Specialist. The AFSC remained the same as 81130.
Pursuant to the Board's request, the Federal Bureau of Investigation
(FBI), Washington, D.C., provided an investigative report, which is
attached at Exhibit C.
______________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPAC contends the documents the applicant provided do not
support his claim that the skill level of AFSC 8811X0 is reflected
incorrectly. They recommend denial because the applicant’s request is
not completely substantiated. Although they do not support granting
the relief sought, they do concur with changing his specialty title to
Apprentice Security Specialist. If he can provide documentation
substantiating he was upgraded, they will gladly reconsider. [Note:
In the “Facts” paragraph, the advisory inadvertently reversed the AFSC
numbers. It should be “from 81130 to 81150” rather than “from 81150
to 81130.”]
A complete copy of the evaluation is at Exhibit D.
HQ AFPC/DPPRS recommends denial because the applicant did not submit
any evidence or identify any errors or injustices that occurred in his
discharge processing. The discharge was consistent with the
procedural and substantive requirements of the discharge regulation
and was within the discharge authority’s discretion.
A complete copy of the evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant points out the error in the HQ AFPC/DPPAC advisory
[transposed AFSC numbers in “Facts” paragraph]. He contends he did
study, test, pass, and perform the duties of a Security Controller as
an E-3. This should be in his training records. The position of
Security Controller is a highly respected position that is normally
filled by a noncommissioned officer (NCO). He cites his achievements
in his first year as a security policeman. He was told by his First
Sergeant that his general discharge would be automatically changed to
an honorable discharge after six months. His asserts his claims are
true.
A complete copy of the applicant’s rebuttal, with attachments, is at
Exhibit G.
On 29 Aug 05, a complete copy of the FBI Report was forwarded to the
applicant for review and comment. The cover letter also included an
invitation for the applicant to submit post-service information. He
was advised his response, if any, was due within 20 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. After a thorough review of the evidence of record, we find the
applicant has provided no persuasive evidence showing his general
discharge was erroneous or unjust, or that his AFSC should be changed.
In this regard, the applicant’s service characterization was driven
by his special court-martial conviction for wrongful use of marijuana.
Other than his own assertions, he provides nothing demonstrating his
incidents of misconduct while in the service did not support the
characterization he received. The applicant was invited to provide
information about his post-service activities in consideration for a
discharge upgrade on the basis of clemency. However, he did not
respond to this invitation. The applicant’s performance reports
indicate his DAFSC was always 81130, as was his PAFSC except for his
30 Apr 84 performance report at George AFB. However, his second
report at George AFB reflected his PAFSC as again being 81130.
Further, HQ AFPC/DPPRSP administratively changed his primary specialty
title on his DD Form 214 from Security Specialist to Apprentice
Security Specialist; the AFSC remained 81130. In conclusion, the
applicant has not demonstrated to our satisfaction that he achieved
the skill level for the AFSC of 81150 or that his activities as a
private citizen warrant an upgraded discharge on the basis of
clemency. We therefore agree with the rationale of the Air Force that
the applicant has not sustained his burden of having suffered either
an error or an injustice. However, should the applicant provide
information regarding his post-service activities or evidence that he
did attain the AFSC 81150 skill level, we would be willing to review
his case for possible reconsideration. Until then, absent persuasive
evidence to the contrary, we find no compelling basis to recommend
granting the relief sought.
_________________________________________________________________
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 15 November 2005, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Janet I. Hassan, Member
Ms. Jean A. Reynolds, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2005-01991 was considered:
Exhibit A. DD Form 149, dated 16 Jun 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, HQ AFPC/DPPAC, dated 25 Jul 05.
Exhibit E. Letter, HQ AFPC/DPPRS, dated 28 Jul 05.
Exhibit F. Letter, SAF/MRBR, dated 5 Aug 05.
Exhibit G. Letter, Applicant, dated 25 Aug 05.
Exhibit H. Letter, AFBCMR, dated 29 Aug 05
RICHARD A. PETERSON
Panel Chair
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