RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00852
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 23 SEP 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He desires his discharge upgraded. He states he was 20 days short of his
four-year commitment to the Air Force.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 30 April 1982, the applicant enlisted in the Regular Air Force in the
grade of airman basic for a period of four years.
On 20 March 1986, the applicant was notified of his commander's intent to
initiate discharge action against him under the provisions of AFR 39-10 -
Misconduct-Pattern of Minor Disciplinary Infractions. The applicant
received four letters of counseling (LOCs), six letters of reprimand
(LORs), and nonjudicial punishment under Article 15, Uniform Code of
Military Justice (UCMJ).
The commander advised the applicant of his rights in this matter.
After consulting with counsel, he submitted statements in his own behalf.
On 3 April 1986, the Staff Judge Advocate recommended he be discharged with
service characterized as general and that he not be offered probation and
rehabilitation.
The discharge authority approved the recommendation and directed a general
(under honorable conditions) discharge.
On 10 April 1986, the applicant was discharged in the grade of airman first
class. He served 3 years, 11 months, and 21 days on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI),
Clarksburg, West Virginia, provided an arrest record which is at Exhibit C.
_________________________________________________________________
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 and was
within the discretion of the discharge authority. The applicant also did
not submit any evidence or identify any errors or injustices that occurred
in the discharge processing. Nor did he provide facts warranting a change
to his character of service.
The DPPRS evaluation is at Exhibit D.
AFPC/JA recommends denial. JA states with the trail of documented
misconduct together with the applicant’s response to the notification of a
recommended general discharge, it is not surprising that the commander
proceeded with an administrative discharge characterized as a general
(under honorable conditions). The applicant’s present submission reveals
nothing that the commander failed to consider, and remarkably, do not
demonstrate any change of the applicant’s attitude about his misconduct.
There is no error or injustice in this case; the applicant’s discharge
characterization was appropriate.
The JA evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 14 April 2006, copies of the Air Force evaluations were forwarded to the
applicant for review and response within 30 days (Exhibit F). As of this
date, no response has been received by this office.
On 22 May 2006, a copy of the FBI Report of Investigation was forwarded to
the applicant for review and response within 14 days (Exhibit G). 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 an error or injustice warranting the applicant’s general
discharge be upgraded to an honorable discharge. We believe responsible
officials applied appropriate standards in effecting the separation, and do
not find persuasive evidence that pertinent regulations were violated or
that the applicant was not afforded all the rights to which entitled at the
time of discharge. Although the applicant did not specifically request
consideration based on clemency, we find insufficient evidence to warrant a
recommendation that the discharge be upgraded on that basis. In this
respect, we note the applicant’s continued misconduct following his
discharge, as indicated on the FBI report. Therefore, in the absence of
evidence to the contrary, we find no compelling basis to recommend granting
the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or an injustice; the application was denied without a
personal appearance; and 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-
00852 in Executive Session on 21 June 2006, under the provisions of AFI 36-
2603:
Ms. B.J. White-Olson, Panel Chair
Ms. Barbara R. Murray, Member
Ms. Debra K. Walker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Mar 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFPC/DPPRS, dated 30 Mar 06.
Exhibit E. Letter, AFPC/JA, dated 12 Apr 06.
Exhibit F. Letter, SAF/MRBR, dated 14 Apr 06, w/atchs.
Exhibit G. Letter, AFBCMR, dated 22 May 06, w/atch.
B.J. WHITE-OLSON
Panel Chair
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