RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00999
INDEX CODE: 110.00
DAVID R. FORT COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 5 OCT 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He accepted the discharge not knowing it was not an honorable
discharge.
Applicant's complete submission, with attachment, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force (RegAF) as an basic
airman (AB) on 9 April 1984 for a period of four years.
On 29 September 1985, the applicant was notified of his commander’s
intent to recommend him for discharge under the provisions of Air
Force Regulation (AFR) 39-10 (Minor Disciplinary Infractions). The
specific reasons for the discharge action were:
a. On 17 June 1985, the applicant received a Letter of
Reprimand (LOR) for failing to carry out his assigned duties on 6 and
7 June 1985.
b. On 21 August 1985, the applicant received a Article
15 for on 2 August 1985, being absent from his place of duty without
authority and making an official record with the intent to deceive.
c. On 31 January 1985, the applicant received a Letter
of Counseling (LOC) for on 19 January 1986, improperly operating a
government vehicle.
d. On 14 August 1986, the applicant received an Article
15 for on 1 August 1986, stealing merchandise from the Base Exchange
valued at $169.00.
The applicant acknowledged receipt of the notification letter and
waived his right to military counsel and to submit a statement.
On 6 October 1986, a legal review was conducted in which the staff
judge advocate (SJA) recommended the applicant be discharged with an
under honorable conditions (general) discharge with no probation and
rehabilitation.
On 7 October 1986, the discharge authority directed the applicant be
discharged with an under honorable conditions (general) discharge
without probation and rehabilitation.
The applicant was discharged on 10 October 1986, in the grade of AB
with an under honorable conditions (general) discharge. He had a
total of two years, six months and two days of active duty service.
Pursuant to the Board’s request, the Federal Bureau of investigation,
Washington, D.C., indicated on the basis of the data furnished they
were unable to locate an arrest record (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states the applicant has not submitted any evidence nor
identified any errors or injustices that occurred in the processing of
his discharge. Based upon the documentation in the service member's
file, they believe his discharge was consistent with the procedural
and substantive requirements of the discharge regulations of that
time. Also, the discharge was within the sound discretion of the
discharge authority. The applicant did not provide any other facts to
warrant an upgrade of his discharge. Based on the information and
evidence provided they recommend the request be denied (Exhibit D).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant and
counsel on 5 May 2006, for review and response. 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 an 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
and adopt its rationale 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. After thoroughly reviewing the evidence of
record, we find no evidence to show that the applicant’s discharge was
erroneous or unjust. The applicant was discharged for a pattern of
misconduct. His records reflect he received several administrative
actions in effort to improve his conduct and these rehabilitative
efforts failed. Therefore, in the absence of 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 AFBCMR Docket Number BC-
2006-00999 in Executive Session on 22 June 2006 under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Glenda H. Scheiner, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Mar 06, w/atch.
Exhibit B. Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 19 Apr 06.
Exhibit E. Letters, SAF/MRBR, dated 5 May 06.
THOMAS S. MARKIEWICZ
Chair
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