RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03187
INDEX NUMBER: 110.00
XXXXXXXXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 17 Apr 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
Widow of the deceased member requests that her deceased husband’s
General (Under Honorable Conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Since the service member is deceased and “under honorable” is not
relevant, she would like for his discharge to be upgraded so his
children can be proud of the fact that their father served in the
military.
In support of her appeal, applicant submits a copy of a death
certificate.
The applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The member entered active duty in the Air Force on 29 Mar 79. On 15
Nov 83, the member’s squadron section commander (CCQ) notified him he
was recommending his discharge from the Air Force for minor
disciplinary infractions. The reasons for the commander’s actions
were:
a. Member received a letter of reprimand (LOR) on 8 Jun 83
for wrongful use of marijuana on or about 14 May 83.
b. Member received an Article 15 on 20 Jul 83, while serving
in the grade of sergeant (E-4), for unauthorized absence from his
place of duty, wrongful appropriation of an automobile, and failure to
obey a lawful order. He was reduced to the grade of airman first
class (A1C) and given 14 days extra duties.
c. Member’s wrongful use of marijuana on or about 18 Oct 83.
The member acknowledged receipt of the intended discharge action on 15
Nov 83. The CCQ recommended to the group commander the member be
discharged for the reasons indicated above. The member consulted
counsel and submitted a written statement in his behalf to the group
commander. On 1 Dec 83, the group staff judge advocate found the
discharge action against the member legally sufficient and recommended
to the commander the member be discharged and furnished with a general
discharge without probation and rehabilitation.
On 2 Dec 83, the group commander directed the member be discharged
with a general discharge without probation and rehabilitation. The
member was discharged on 5 Dec 83 with a general (under honorable
conditions) discharge for misconduct—pattern of minor disciplinary
infractions.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial of the applicant’s request. Based on the
documentation in the master personnel records, the member’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 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
10 Nov 05 for review and comment within 30 days. To date, a response
has not been received.
_________________________________________________________________
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. 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
office of primary responsibility and adopt its rationale as the basis
for our conclusion that the deceased member has not been the victim of
an error or injustice. 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 Docket Number BC-2005-
03187 in Executive Session on 21 December 2005, under the provisions
of AFI 36-2603:
Mr. James W. Russell, III, Panel Chair
Mr. Vance E. Lineberger, Member
Ms. Patricia R. Collins, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Oct 05, w/atchs.
Exhibit B. Deceased Member’s Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPRS, dated 2 Nov 05.
Exhibit D. Letter, SAF/MRBR, dated 10 Nov 05.
JAMES W. RUSSELL, III
Panel Chair
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