RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01253
INDEX CODE: 110.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 28 OCTOBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The punishment he received was excessive.
In support of his application, applicant submitted a copy of DD Form
293, Application for the Review of Discharge from the Armed Forces of
the United States.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force in the grade of airman
basic on 8 November 1978 for a period of four years.
On 5 August 1982, the applicant’s commander notified him that he was
recommending discharge from the Air Force under the provisions of AFM
39-12, Chapter 2, Section B, Paragraph 2-15a, frequent involvement,
based on the number and the seriousness of the following offenses:
1) 7 Jan 82, applicant received an Article 15 for failure to go.
2) 10 Feb 82, applicant received an Article 15 for failure to go.
3) 19 Jan 82, applicant received a Letter of Counseling (LOC) for
violating Air Force Standards.
4) 20 Jan 82, applicant received a LOC for violating Air Force
Standards.
5) 16 Jul 81, applicant received a LOC for financial
responsibility.
6) Applicant received seven letters of counseling for returned
checks.
7) 29 Jun 81, applicant received a Letter of Reprimand (LOR) for
issuing a worthless check.
8) 4 Jan 82, applicant received a LOR for issuing a worthless
check.
9) 7 Jan 82, applicant received a LOR for failure to go.
The applicant acknowledged receipt of the notification of discharge
and indicated he did not want to submit statements in his own behalf.
The discharge authority approved the separation and directed that the
applicant be discharged with a general (under honorable conditions)
discharge without probation and rehabilitation.
On 3 Sep 82, applicant was discharged under the provisions of AFM 39-
12, with service characterized as under honorable conditions. He was
credited with 3 years, 9 months, and 26 days of active duty service.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on 24 Jul 06, that, on the basis of data
furnished, they were unable to locate an arrest record (Exhibit E).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. 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 evidence or identify any errors or
injustices that occurred in the discharge processing. He provided no
facts warranting a change in his character of service.
AFPC/DPPRS complete 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
26 May 2006 for review and comment within 30 days. As of this date,
this office has received no response (Exhibit D).
_________________________________________________________________
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. The discharge appears to be in
compliance with the governing directives and we find no evidence to
indicate that his separation from the Air Force was inappropriate. We
find no evidence of error in this case and after thoroughly reviewing
the documentation that has been submitted in support of applicant's
appeal, we do not believe he has suffered from an injustice. In
addition, based on his overall record of service and the absence of
evidence related to his post-service activities and accomplishments,
we are not persuaded that an upgrade of the characterization of his
discharge is warranted on the basis of clemency.
_________________________________________________________________
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-
01253 in Executive Session on 15 August 2006, under the provisions of
AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. LeLoy W. Cottrell, Member
Ms. Karen A. Holloman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Apr 06, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 9 May 06.
Exhibit D. Letter, SAF/MRBR, dated 26 May 06.
Exhibit E. FBI Report.
RICHARD A. PETERSON
Panel Chair
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