RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00434
INDEX CODE: 110.02
COUNSEL: NOT INDICATED
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 18 JUL 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had only one transgression during an otherwise clean service
history.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
3 April 1987 for a term of 4 years.
On 26 October 1988, the applicant's commander notified him that he was
recommending he be discharged from the Air Force for minor
disciplinary infractions.
The basis for the commander’s recommendation was that on 20 October
1989, applicant received a Letter of Reprimand (LOR) for failure to
return to his appointed place of duty; on 5 October 1989, he received
an Article 15 for being absent from his appointed place of duty; on
4 October 1989, he received an Article 15 for failing to pay a debt;
on 13 September 1989, he received LOR for financial irresponsibility;
on 10 July 1989, applicant received a LOR for theft and harassment; on
9 June 1989, he received a Letter of Counseling (LOC)for reckless
driving; on 19 May 1989, he received a LOC for damaging a fire alarm
panel, and on 15 September 1987, he received an Article 15 for
stealing a station wagon valued at $350.00.
He acknowledged receipt of the notification of discharge, and after
consulting with counsel the applicant waived his right to submit
statements in his own behalf. The discharge case was reviewed by the
base legal office and found to be legally sufficient to support
discharge.
The discharge authority approved his separation and ordered a general
(under honorable conditions) discharge without P&R.
Applicant was separated on 15 November 1989, under the provisions
of AFR 39-10, Administrative Separation of Airmen for (Misconduct-
Pattern of Minor Disciplinary Infractions) and received a general
(under honorable conditions) discharge. He served 2 years, 7 months
and 13 days on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on 27 February 2004, that on the basis of
the data furnished they were unable to locate an arrest record.
(Exhibit E)
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. 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 discharge was within the discretion of the discharge
authority, the applicant did not submit any new 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.
The DPPRS 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 Mar 06, for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
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 an error or injustice. After careful consideration
of the available evidence, we found no indication that the actions
taken to affect his discharge were improper or contrary to the
provisions of the governing regulations in effect at the time, or that
the actions taken against the applicant were based on factors other
than his own misconduct. We therefore agree with the recommendations
of the Air Force and adopt the rationale expressed as the basis for
our decision that the applicant has failed to sustain his burden that
he has suffered either an error or an injustice. In view of the above
and absence persuasive 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-2006-
00434 in Executive Session on 17 May 2006, under the provisions of AFI
36-2603:
Mr. Michael J. Maglio, Panel Chair
Mr. Richard K. Hartley, Member
Ms. Debra Walker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Feb 06.
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.
Exhibit E. FBI Response, dated 5 May 06.
MICHAEL J. MAGLIO
Panel Chair
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