RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00397
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 12 August 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His conduct has been proper since his discharge.
In support of the appeal, applicant submits two copies of his DD Form
214.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 7 May 1985 for a period
of four years. He was promoted to the grade of airman on 7 November
1985 and airman first class on 7 September 1986. He received two
airman performance reports (APRs) closing 6 May 1986 and 6 May 1987,
in which the evaluations were “8,” and “8.”
On 1 October 1987, the applicant’s commander notified him that he was
recommending discharge from the Air Force for minor disciplinary
infractions. The commander was recommending he receive an under
honorable conditions (general) discharge based on the following: He
received six Letters of Counseling (27 January 1987, for unacceptable
work habits in funds security; 12 February 1987, for not keeping
records for Protestant and Catholic Chaplain Funds for the months of
November and December 1986; 20 April 1987, for failure to perform and
be available for Easter Sunday services; 15 May 1987 for relaying
false information to a chaplain; 3 August 1987, for dereliction in the
performance of his duties at East Chapel; and 4 August 1987, for
failure to report back to duty section after a scheduled appointment);
five Memos for Record (10 February 1987, for failing to accomplish his
duties; 8 May 1987, for dereliction of his duties related to chaplain
funds, chapel cleanup and purchase orders; 26 May 1987, for failure to
record the Project Reserve in the Fund Council Minutes; 4 June 1987,
for poor duty performance; and 21 September 1987, for failure to
secure the yen offerings from the weekend services and put away
ecclesiastical equipment from the Episcopal services); four Letters of
Reprimand (3 March 1987, for failure to adhere to criteria outlined in
AFR 35-11, Chapter 2, Sec E, para 2-23(e), for individuals enrolled in
Phase I of the Weight Management Program; 15 June 1987, for failure to
secure and deposit money belonging to the Jewish Chaplain Fund and
failure to maintain balanced bookkeeping; 23 September 1987, for
failure to secure chapel offerings; and 29 September 1987, for failure
to maintain sufficient funds in his checking account). He received an
Article 15 dated 7 August 1987, for dereliction of duty. Punishment
consisted of suspended reduction to the grade of airman basic and 28
days of correctional custody. On 23 September 1987, he received
Vacation of Article 15 for failure to maintain sufficient funds in his
checking account.
Applicant acknowledged receipt of the notification of discharge and
after consulting with legal counsel submitted statements in his own
behalf. The base legal office found it legally sufficient to support
separation and recommended an under honorable conditions (general)
discharge without probation or rehabilitation. The discharge
authority approved the separation and directed the applicant be
discharged with an under honorable conditions (general) discharge
without probation or rehabilitation.
The applicant was separated from the Air Force on 19 October 1987
under the provisions of AFR 39-10, Administrative Separation of Airmen
(misconduct - pattern of minor disciplinary infractions), with an
under honorable conditions (general) discharge. He had served 2
years, 5 months and 13 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/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.
The discharge was within the discretion of the discharge authority.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 10 March 2006, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days. 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;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the basis
for the conclusion that the applicant has not been the victim of an
error or injustice. The applicant did not submit any evidence or
identify any errors or injustices that occurred in the discharge
processing, nor did he provide any facts warranting a change to his
character of service. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief sought in
this application.
4. We also find insufficient evidence to warrant a recommendation
that the discharge be upgraded on the basis of clemency. We have
considered applicant's overall quality of service, the events which
precipitated the discharge, and available evidence related to post-
service activities and accomplishments. Based on the evidence of
record, we cannot conclude that clemency is warranted. Applicant has
not provided information of post-service activities and
accomplishments for us to conclude that he has overcome the behavioral
traits which caused the discharge. Should applicant provide
statements from community leaders and acquaintances attesting to
applicant's good character and reputation and other evidence of
successful post-service rehabilitation, this Board will reconsider
this case based on the new evidence. We cannot, however, recommend
approval based on the current evidence of record.
_________________________________________________________________
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-
2006-00397 in Executive Session on 19 April 2006, under the provisions
of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Jan Mulligan, Member
Mr. Michael J. Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Feb 06, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 1 Mar 06.
Exhibit D. Letter, SAF/MRBR, dated 10 Mar 06.
CHARLENE M. BRADLEY
Panel Chair
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