RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03370
INDEX CODE: 100.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 6 MAY 2007
________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge be upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was unjustifiably and falsely discharged for no reason because he
notified Air Force authorities that he was physically assaulted by his
First Sergeant.
Applicant’s complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 23
April 1985, for a period of four years. On 8 January 1986, the commander
notified him of his intent to initiate administrative discharge action
against him for misconduct based on minor disciplinary infractions. The
commander indicated his reasons for the action were that on 2 January 1986,
the applicant was disrespectful toward a superior noncommissioned officer,
for which he received nonjudicial punishment under Article 15 of the
Uniform Code of Military Justice (UCMJ); on 2 October 1985, he received a
letter of counseling concerning his negative attitude and military bearing;
and on 6 September 1985, he received a letter of counseling concerning his
duty performance and military bearing. On 21 February 1986, he was
discharged with an under honorable conditions (general) discharge under the
provisions of AFR 39-10 (Misconduct - Pattern of Minor Disciplinary
Infractions). He received an RE Code of “2B,” which defined means
“involuntarily separated with a general or under-other-than-honorable
discharge." He had completed 9 months and 29 days of active service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends the application be denied and states, in part, that
the discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was within the discretion of
the discharge authority.
The AFPC/DPPRS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 23
November 2005, for review and response within 30 days. However, 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. We took notice of the applicant's
complete submission in judging the merits of the case. The discharge
appears to be in compliance with the governing Air Force Regulation and we
find no evidence to indicate that his separation from the Air Force was
inappropriate. We also find no evidence of error in this case and after
thoroughly reviewing the documentation that has been submitted in support
of applicant's appeal, we do not believe he has suffered from an 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-2005-03370
in Executive Session on 11 January 2006, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Wallace F. Beard, Jr., Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Oct 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 18 Nov 05.
Exhibit D. Letter, SAF/MRBR, dated 23 Nov 05.
THOMAS S. MARKIEWICZ
Chair
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