RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00623
INDEX CODE: 110.02
x COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 6 NOV 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and immature at the time of his discharge. It has been
over 16 years since his discharge and he has graduated from college
and has a career. He would like to use his GI Bill benefits to further
his education.
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 four 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 bases for the commander’s
recommendation were 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 an LOR for financial irresponsibility; on 10 July 1989, he
received an 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 an 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 probation and
rehabilitation.
Applicant was separated on 15 November 1989, under the provisions
of AFR 39-10, Administrative Separation of Airmen (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, provided a copy of an Investigative Report pertaining
to the applicant, which is at 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
17 March 2006, for review and comment within 30 days. On 18 May 2006,
a copy of the FBI Investigative Report was forwarded to the applicant
for review and comment. 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. Therefore, we agree with the opinion and
recommendation of the Air Force office of primary responsibility and
adopt its rationale as the basis for our conclusion that the applicant
has not been the victim of an error or injustice.
_________________________________________________________________
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-
00623 in Executive Session on 7 June 2006, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Steven A. Cantrell, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Feb 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 16 Mar 06.
Exhibit D. Letter, SAF/MRBR, dated 17 Mar 06.
Exhibit E. Letter, AFBCMR, dated 18 May 06, w/atch.
THOMAS S. MARKIEWICZ
Chair
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