RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03662
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 4 APRIL 2007
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was a result of his youth, life experience and family
troubles. He has been gainfully employed since being discharged. His life
successes are owed in part to the Air Force and the lessons taught while a
member. He sincerely hopes that after reviewing his resume, the Board will
upgrade his discharge to honorable.
In support of his application, the applicant submits a copy of his resume.
The applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 21 September 1982, the applicant enlisted in the Regular Air Force at
the age of 18 in the grade of airman basic (E-1) for a period of 6 years.
After completing basic military and technical training, he was assigned to
the Security Police Squadron. He was progressively promoted to the rank of
senior airman effective and with a date of rank of 11 August 1985. His
Airman Performance Report history reflects (in chronological order) overall
ratings of 9, 9, 8, 8, and 8.
On 19 November 1985, the applicant reported late to work. On 13 November
1985, he failed to go to a scheduled appointment. He received a Letter of
Counseling (LOC) for each incident. On 2 March 1986, he fell asleep while
on duty. For this offense he received a Letter of Reprimand (LOR).
On 4 April 1986, he had a 60-day delinquent account at the Noncommissioned
Officer’s Club, and on 15 April 1986 he failed dormitory room inspection.
He received an LOC for each incident. On 10 April 1986, he reported late
for duty and received an LOR. On 27 April 1986, he received an Article 15
for failure to go to his appointed place of duty.
On 16 May 1986, the applicant’s commander notified him that he was
recommending his separation from the Air Force under the provisions of AFR
39-10, para 5-47b for a pattern of misconduct–conduct prejudicial to good
order and discipline. He was advised of his rights and acknowledged
receipt of the notification. He waived his option to consult counsel and
his right to submit a statement on his own behalf. The commander
thereafter initiated a recommendation for the applicant’s separation.
In a legal review of the discharge case file dated 19 May 06, the staff
judge advocate found the file was legally sufficient and recommended that
the applicant be administratively separated from the service and furnished
a general (under honorable conditions) discharge, without probation and
rehabilitation.
On 22 May 1986, the discharge authority approved the recommended
separation. The applicant served two years, eight months and two days on
active duty with 1 year and 27 days of foreign service.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial. DPPRS states 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, and within the discretion of the discharge authority.
DPPRS concludes the applicant did not submit any evidence or identify any
errors or injustices that occurred during the discharge process, and
provided no facts warranting a change to his character of service.
DPPRS’s 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
February 2006 for review and comment and on 17 April 2006, he was invited
to submit information pertaining to his post-service activities. To date,
we have not received any response to the aforementioned correspondence
(Exhibit D).
________________________________________________________________
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
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After careful consideration of the
available evidence and in the absence of evidence by the applicant to the
contrary, we believe that the actions taken to effect his discharge were
proper and in compliance with the provisions of the governing regulations
in effect at that time. Although his resume was impressive, no supporting
documentation regarding post-service adjustments and accomplishments was
provided. In view of this fact and in the absence of more expansive
evidence by the applicant attesting to a successful post-service adjustment
during the 20 years after his discharge from service, we are not inclined
to extend clemency in this case. Therefore, we find no basis to warrant
favorable action on 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 AFBMCR BC-2005-03662 in
Executive Session on 18 May 2006 under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. LeLoy W. Cottrell, Member
Mr. Gregory A. Parker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Jan 06 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. HQ AFPC/DPPRS Letter, dated 31 Jan 06.
Exhibit D. Letter, SAF/MRBR, dated 10 Feb 06.
MICHAEL K. GALLOGLY
Panel Chair
AF | BCMR | CY2005 | BC-2005-00725
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His military records state he was unable to conform to military standards and that rehabilitation was unwarranted. On 8 Dec 1986, the applicant was separated from military service and issued a general discharge. ________________________________________________________________ RECOMMENDATION OF THE BOARD: The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal...
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends the application be denied. The evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Counsel’s response to the evaluation is attached at Exhibit F. On 5 October 2001, the Board staff requested the applicant provide post- service documentation within thirty (30) days. Exhibit B.
AF | BCMR | CY2005 | BC-2004-02269
As of this date, this office has received no response (Exhibit D & E). The discharge appears to be in compliance with the governing regulation and we find no evidence to indicate that his separation from the Air Force was inappropriate. We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of the applicant’s appeal, we do not believe he has suffered from an injustice.
AF | BCMR | CY2007 | BC-2006-03606
Applicant was discharged on 10 May 84, in the grade of airman first class (E-3), under the provisions of AFR 39-10, Misconduct-Pattern of Minor Disciplinary Infractions, and received an under honorable conditions (general) discharge. ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS recommends the application be denied, and states, in part, based on the documentation on file in the master personnel records, the discharge was consistent...
AF | BCMR | CY2005 | BC-2005-00586
h. On 15 October 1986, the applicant failed to report for duty at the prescribed time, for which he received written counseling. For this misconduct, the applicant was counseled. _________________________________________________________________ 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.
AF | BCMR | CY2004 | BC-2003-02860
The Recommendation Letter and Legal Review could not be found in the available records. As he has provided no facts warranting a change in his discharge, denial is recommended. After a thorough review of the evidence of record, we conclude the general discharge was appropriate given the applicant’s misconduct and that the RE code, which was driven by the discharge, is correct.