RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02869
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 20 MARCH 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be changed
so he can claim unemployment benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The wage claim history reflecting $0 says he received no pay while
serving on active duty is incorrect. He is entitled to unemployment.
Please make this adjustment in his records.
In support of his application, applicant submits a copy of his
unemployment claim history
Applicant completion submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Available records indicate he enlisted in the Regular Air Force as an
airman basic on 12 August 2003. He was progressively promoted to the
grade of airman first class with a date of rank of 20 February 2004.
On 13 May 2005, summary court-martial charges were preferred against
the applicant for wrongfully distributing some amount of
Methylenedioxymethamphetamine (MDMA), commonly known as ecstasy.
On 18 July 2005, the applicant submitted a request for discharge in
lieu of trial by court-martial. He understood that if his request was
approved he may be discharged under other than honorable conditions.
He was aware of the adverse nature of such a discharge and the
possible consequences and it may deprive him of veteran’s benefits. He
submitted his request for discharge after consulting with legal
counsel.
On 8 August 2005, the 4th FW/JA and 9th AF/JA legal offices reviewed
the case and found it legally sufficient and recommended approval of
applicant’s request for discharge in lieu of trial by court-martial
and recommended he receive an under other than honorable conditions
discharge.
On 8 August 2005, the discharge authority approved applicant’s request
for discharge in lieu of trial by court-martial and directed that he
be discharged under other than honorable conditions.
On 16 August 2005, applicant was separated from the Air Force under
the provisions of AFI 36-3208, Administrative Separation of Airmen
(request for discharge in lieu of trial by court-martial), with an
under other than honorable conditions (UOTHC) discharge. He had served
two years and five days of total active military service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial and states that, based on the evidence of
record, the applicant’s 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 provide any evidence or identify any errors or
injustices that occurred in his discharge processing. He provided no
facts warranting a change to his character of service.
AFPC/DPPRS stated in order to receive unemployment compensation,
individuals must complete their “first full term of service” and
received a “general (under honorable conditions) discharge.” Applicant
does not meet the required criteria for unemployment compensation.
AFPC/DPPRS complete evaluation is at Exhibit C.
_________________________________________________________________
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 comment within 30 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice. After a thorough review of
the evidence of record and the applicant’s submission, we are not
persuaded his discharge should be changed to one that qualifies him
for unemployment benefits. The applicant’s contentions are duly
noted; however, we do not find these uncorroborated assertions, in and
by themselves, sufficiently persuasive to override the rationale
provided by the Air Force. The applicant was discharged from active
duty with less than a full term of service completed which rendered
him ineligible to receive unemployment benefits. 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.
In the absence of persuasive 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-
2005-02869 in Executive Session on 16 November 2005, under the
provisions of AFI 36-2603:
Mr. Laurence M. Groner, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Mr. Terry L. Scott, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Sep 05.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 30 Sep 05.
Exhibit D. Letter, SAF/MRBR, dated 7 Oct 05.
LAURENCE M. GRONER
Panel Chair
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