RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00166
INDEX CODE: 110.00, 131.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 21 JUL 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His bad conduct discharge (BCD) be upgraded to honorable.
2. His grade of senior airman be reinstated.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Clemency is warranted in his case since it has been 18 years since his
court-martial and discharge. It would be an injustice for him to continue
to suffer the adverse consequences of his bad conduct discharge. His
average conduct and efficiency ratings were good. His discharge was based
on one incident in six years of faithful service. His record of promotions
showed he was generally a good service member. At the time of his positive
urinalysis he was told he had been nominated for advancement to NCO status
and for technician of the quarter and he had received a line number for
promotion to staff sergeant.
In support of his request, applicant provided a personal statement and a
copy of his DD Form 214.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 12
Aug 81. He was progressively promoted to the grade of senior airman,
having assumed that grade effective and with a date of rank of 1 Mar 84.
On 28 Jan 87, applicant was tried by special court for a specification of
wrongful use of cocaine. He pled not guilty but was found guilty of the
wrongful use. His sentence, adjudged on 28 Jan 87, was confinement for 45
days, reduction to the grade of E-1, and a BCD. He was discharged on 19
May 88, he served 6 years, 6 months, and 9 days on active duty.
Pursuant to the Board's request the Federal Bureau of Investigations (FBI)
provided an investigative report pertaining to the applicant which is
appended at Exhibit G.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states based on the documentation in
the master personnel records, the discharge was consistent with the
procedural and substantive requirements of the discharge regulation and was
within the discretion of the discharge authority. He did not submit any
new evidence or identify any errors in his discharge processing.
The DPPRS evaluation is at Exhibit C.
AFPC/DPPPWB recommends denial. DPPPWB states he did not provide any
evidence or identify any errors or injustices in the processing of his
discharge or court-martial conviction.
The DPPPWB evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responds that the evaluation only mentions the negative aspects
of his isolated misconduct. They never mention the fact that he was an
otherwise good service member. His DD Form 214 shows his accomplishments
and decorations. The evaluation also fails to mention that this incident
was the only incident in over six years of service to his country.
In response to the FBI investigative report, applicant states he did not
come into the Air Force with a substance abuse problem. The cocaine,
marijuana and alcohol were more of a "culture" on the base where he was
assigned. Not only did he use drugs with his airmen peers but also with
NCOs and an officer assigned to his group as well. Coming from a rural
town in Virginia he had never seen cocaine before. Within his unit cocaine
and other drugs were all around him, in his dorm room, while on duty, and
during deployment exercises. Now his addiction has led him to prison for
violating probation for a possession charge in April 2002. He is waiting
an available "bed" in a Department of Corrections Therapeutic Community so
that he may receive substance abuse treatment. Applicant believes the Air
Force bears some responsibility for his past and current history of
substance abuse.
His complete responses are is at Exhibits F and I.
_________________________________________________________________
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 warranting corrective action. We took
notice of the applicant's complete submission in judging the merits of the
case. However, after thorough review of the evidence of record, it is our
opinion that the comments of the Air Force offices of primary
responsibility are supported by the evidence of record. We find no
evidence of error in this case and after thoroughly reviewing the
applicant's submission, we do not believe he has suffered from an
injustice. We considered upgrading his discharge on the basis of clemency;
however, due to the serious nature of the offenses committed and his
subsequent misconduct, we believe that the action taken against him and the
characterization of his discharge was proper and in compliance with the
appropriate directives. In the absence of evidence to the contrary, we
find no basis upon which to favorably consider 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-2006-
00166 in Executive Session on 25 Apr 06, under the provisions of AFI 36-
2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Mary C. Puckett, Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Jan 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPRS, dated 27 Jan 06.
Exhibit D. Letter, AFPC/DPPPWB, dated 3 Feb 06.
Exhibit E. Letter, SAF/MRBR, dated 17 Feb 06.
Exhibit F. Letter, Applicant, dated 12 Mar 06.
Exhibit G. FBI Investigative Report, dated 21 Mar 06.
Exhibit H. Letter, SAF/MRBC, dated 29 Mar 06.
Exhibit I. Letter, Applicant, dated 8 Apr 06.
MICHAEL K. GALLOGLY
Panel Chair
AF | BCMR | CY2006 | BC-2006-01914
The specific reasons for this action were on 3 Jun 87, he received a Letter of Counseling for engaging in a fight with his roommate; on 18 May 05 he failed to return five video tapes in a timely manner to a local video store; on 5 May 87, he received a Letter of Reprimand (LOR) for passing counterfeit bills on two separate occasions; on 9 Mar 87, he received an LOR for writing a worthless check; on 18 Feb 87, he received an LOR for writing another worthless check; on 6 Feb 87, he received an...
AF | BCMR | CY2007 | BC-2006-03790
Applicant was discharged on 12 Jun 87, in the grade of airman basic (E-1), under the provisions of AFR 39-10, for Misconduct-Pattern of Minor Disciplinary Infractions, and received an under honorable conditions (general) discharge. Pursuant to the Board’s request on 24 Jan 07, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided a copy of an investigation report, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE...
AF | BCMR | CY2006 | BC-2006-00269
Although the applicant contends the accusations of homosexuality were never substantiated, he rendered a sworn statement to the OSI, admitting to homosexual relations with Air Force personnel. Furthermore, the regulation in effect at that time required that a member be issued an undesirable discharge. Exhibit C. FBI Report, dated 8 Jun 06.
AF | BCMR | CY2005 | BC-2004-02925
_________________________________________________________________ STATEMENT OF FACTS: Applicant’s available military personnel records indicate he enlisted in the Regular Air Force on 6 Dec 82. A complete copy of the AFPC/DPPPWB is at Exhibit F. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 25 Mar 05 for review and response. No evidence has been...
AF | BCMR | CY2006 | BC-2006-00882
On 4 Feb 82, in a Waiver of Disposition Board Proceedings, the applicant voluntarily indicated he no longer wished to participate in the 3320th Correction and Rehabilitation Squadron (CRS) Program at Lowry AFB, CO. On 4 Mar 82, the 3320 CRS commander notified the applicant he was recommending a general discharge for failure to complete the Rehabilitation Program and because of evidence of misconduct documented in the applicant’s military record. After 2 years, 10 months, and 15 days of...
AF | BCMR | CY2006 | BC-2006-01166
On 22 Nov 83, the applicant enlisted in the Regular Air Force for a period of four years in the grade of staff sergeant. ___________________________________________________________________ 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 with the procedural and substantive requirements of the discharge regulation. A complete copy of the Air Force...
AF | BCMR | CY2005 | BC-2005-00071
On 11 Mar 82, the Airman Performance Report (APR) for the period 29 Jan 81 through 28 Jan 82, was referred to the applicant. Time lost for the following periods: 28-31 Oct 81, 15-16 Dec 81, 29 Jan- 1 Feb 82, 16-21 Feb 82, and 20 May 82-23 Sep 82. A complete copy of the evaluation is at Exhibit D. _________________________________________________________________ APPLICANT’S REVIEW OF EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 21 Jan 05 for...
AF | BCMR | CY2005 | BC-2005-00970
On 27 Apr 00, the Air Force Discharge Review Board considered and denied his request that his UOTHC discharge be upgraded to honorable. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends denial. Applicant requests that his discharge be upgraded and that his felony conviction be erased from his civilian records.
He had also been given three Article 15s: one for failure to repair and two for violation of IDF Memo 10 - 2, Curfew and Pass Violation. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The Military Personnel Management Specialist, AFPC/DPPRS, reviewed this application and indicated that...
AF | BCMR | CY2006 | BC-2006-02070
DPPRS states 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. The DPPRS evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 28 Jul 2006 and 2 Aug 2006, for review and comment within 30 days. Based on the evidence...