RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02604
INDEX CODE: 100.03
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 21 FEB 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable and the narrative reason “Misconduct-Pattern of minor
disciplinary infractions” be stricken from his records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was an exemplary airman. His problems all stem from extremely minor
infractions that were handled very harshly by his chain of command.
The characterization is clearly inequitable in the light of his
service record.
In support of his request, applicant provided a copy of his DD Form
214, Certificate of Release or Discharge from Active Duty and a letter
from the Veterans of Foreign Wars.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
1 December 1987 for a period of four years and progressed to the grade
of airman first class.
On 4 April 1990, he was notified by his commander that he was
recommending him for a discharge for a pattern of minor disciplinary
infractions and recommended a general discharge based on the
following:
(1) On 19 March 1990, he was evaluated for alcohol abuse.
(2) On 15 March 1990, he received a Record of Counseling for
failure to complete the fire department physical fitness program.
(3) On 27 February 1990, he received a Record of Counseling for
failure to attend a scheduled out processing appointment.
(4) On 20 February 1990, he received a Record of Counseling for
negligently damaging a government owned vehicle.
(5) On 15 January 1990, he received a Record of Counseling for
failure to go to a scheduled appointment.
(6) On 6 October 1989, he received an Article 15 for being
disorderly in public.
(7) On 8 June 1989, he received a Letter of Reprimand for being
disorderly in public.
(8) On 6 June 1989, he received a Record of Counseling for
failure to go at the time prescribed to his appointed place of duty.
(9) On 5 December 1988, he received a Record of Counseling for
failure to keep his pager operational.
(10) On 21 September 1988, he received a Record of Counseling
for failure to go at the time prescribed to his appointed place of
duty.
(11) On 1 August 1988, he received a Record of Counseling for
failure to go at the time prescribed to his appointed place of duty.
(12) On or about 27 July to 25 August 1988, he negligently wrote
six checks with insufficient funds.
Applicant acknowledges receipt of notification of discharge and after
consulting with legal counsel waived his right to submit statements in
his own behalf. The base legal office reviewed his case and found it
legally sufficient to support separation and recommended the applicant
receive a general (under honorable conditions) discharge. The
discharge authority approved the separation and directed the applicant
be discharged with a general (under honorable conditions) discharge
without probation and rehabilitation.
On 8 May 1990, applicant was discharged under the provisions of AFR 39-
10, Administrative Separation of Airmen, (minor disciplinary
infractions), with a general (under honorable conditions) discharge in
the grade of airman. He served 2 years, 5 months and 8 days of total
active military service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial and stated 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. Applicant did not submit any evidence or
identify any errors or injustices that occurred in the discharge
processing. He provided no facts warranting a change to his character
of service or narrative reason for separation.
AFPC/DPPRS’s complete evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 6
September 2005, for review and comment 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 warranting a change
in his discharge and narrative reason for separation. After
careful consideration of the available evidence, the discharge
appears to be in compliance with the governing manual in effect at
the time and we find no evidence to indicate that the applicant’s
separation from the Air Force was inappropriate. Therefore, we
agree with the opinion and recommendation of the Air Force office
of primary responsibility and adopt its rationale as the basis for
our conclusion that the applicant has not been the victim of an
error or injustice and in the absence of evidence to the contrary,
we find no compelling basis to recommend granting the relief sought
in this application.
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 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 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-
2005-02604 in Executive Session on 13 October 2005, under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Dorothy P. Loeb, Member
Ms. Jan Mulligan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Aug 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 31 Aug 05.
Exhibit D. Letter, SAF/MRBR, dated 6 Sept 05.
THOMAS S. MARKIEWICZ
Chair
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