RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02688
INDEX CODE: 110.00
COUNSEL: None
HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 2 MAR 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
a. His under honorable conditions (general) discharge
be upgraded to honorable.
b. The Narrative Reason for Separation be changed to
Convenience of the Government.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He entered the Air Force looking for adventure. He was 18 and
looking to see what life had to offer. He was a good airman and
accountable for his actions. He considered his military experience
a learning experience. His trouble in the military consisted of
only minor offenses which anyone could have encountered. He is
proud to have served in the Air Force and has been a good citizen
since his discharge.
He was unaware that the Air Force Board for Correction of Military
Records (AFBCMR) was available to upgrade his discharge.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 January 1987, the applicant enlisted in the Regular Air Force
(RegAF) as an airman basic (AB) for a period of four years.
On 31 January 1989, the applicant was notified of his commander’s
intent to recommend him for discharge from the Air Force for a
Pattern of Misconduct – Conduct Prejudicial to Good Order and
Discipline in accordance with Air Force Regulation (AFR) 39-10,
under the provisions of paragraph 5-47 with a general discharge.
The commander stated the following reasons for the proposed
discharge:
a. On 27 July 1987, the applicant received an Article 15
for consuming an alcoholic beverage while underage. For this
misconduct, his punishment consisted of forfeiture of $50.00 of his
pay per month for two months, suspended until 26 January 1988,
unless sooner vacated.
b. On 8 March 1988, the applicant received a Letter of
Reprimand (LOR) and a Unfavorable Information File (UIF) was
established for disobeying a lawful order.
c. On 23 January 1989, the applicant received an Article 15
for operating a vehicle while drunk and consuming an alcoholic
beverage while underage. For this misconduct, his punishment
consisted of reduction to the grade of airman and forfeiture of
$180.00 of his pay per month for one month.
The commander advised the applicant of his right to consult legal
counsel and that legal counsel had been obtained to assist him; and
to submit statements in his own behalf, or waive the above rights
after consulting with counsel.
The commander indicated in his recommendation that before
recommending the discharge he and the squadron section commander
administered two Articles 15, an LOR, and referred the applicant to
Social Actions for an alcohol problem. Also, the applicant was
denied the Air Force Good Conduct Medal twice and was not
recommended for promotion. The commander further recommended the
applicant be discharged without probation and rehabilitation.
The applicant, after consulting with counsel, waived his right to
submit a statement.
A legal review was conducted by the staff judge advocate who
recommended the applicant be separated from the Air Force with a
general discharge without probation and rehabilitation.
The discharge authority subsequently directed the applicant be
discharged with a general discharge without probation and
rehabilitation.
Applicant’s EPR profile is listed below.
PERIOD ENDING OVERALL EVALUATION
14 Dec 87 7
14 Dec 88 8
Applicant was discharged on 9 February 1989, in the grade of airman
(Amn) with a general (under honorable conditions) discharge, in
accordance with AFR 39-10 (Misconduct - Pattern of conduct
prejudicial to good order and discipline). He served a total of
2 years and 12 days of active service.
Pursuant to the Board’s request, the Federal Bureau of
Investigation, Washington, D.C., provided an investigative report
which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states the applicant has not submitted any evidence nor
identified any errors or injustices that occurred in the processing
of his discharge. Based upon the documentation in the applicant’s
file, they believe his discharge was consistent with the procedural
and substantive requirements of the discharge regulations of that
time. Also, the discharge was within the sound discretion of the
discharge authority. The applicant did not provide any facts to
warrant an upgrade of his discharge. Based on the information and
evidence provided they recommend the request be denied.
A copy of the Air Force evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
7 October 2005, for review and response. As of this date, no
response has been received by this office.
On 20 October 2005, the Board staff requested the applicant provide
documentation regarding his activities since leaving military
service. The applicant did not respond (Exhibit F).
On 27 October 2005, the Board staff forwarded a copy of the FBI
report to the applicant for his review and response. The applicant,
as of this date, has not responded (Exhibit G).
_________________________________________________________________
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 of timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or an 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 its rationale as the basis for our
decision that the applicant has failed to sustain his burden that he
has suffered either an error or an injustice. Based on the
documentation in the applicant's records, it appears the processing,
the characterization of the discharge, and the Narrative Reason for
Separation were appropriate and accomplished in accordance with Air
Force policy. We have considered the applicant’s overall quality of
service; however, in view of his misconduct while he was on active
duty and the contents of the FBI report, we do not believe that
clemency is warranted. Furthermore, the applicant failed to respond
to a request to provide documentation regarding his post-service
activities. Therefore, in the absence of evidence to the contrary,
we find no compelling 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 AFBCMR Docket Number
BC-2005-02688 in Executive Session on 8 December 2005 under the
provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Cheryl V. Jacobson, Member
Mr. Gary G. Sauner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Aug 05, w/atchs.
Exhibit B. Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 30 Sep 05.
Exhibit E. Letter, SAF/MRBR, dated 7 Oct 05.
Exhibit F. Letter, AFBCMR, dated 20 Oct 05, w/atch.
Exhibit G. Letter, AFBCMR, dated 27 Oct 05, w/atch.
MICHAEL K. GALLOGLY
Panel Chair
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