RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01274
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 27 OCTOBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His general discharge was inequitable because it was based on one
isolated incident in 24 months of service with no other adverse
actions.
In support of his appeal, applicant submitted a personal statement and
a copy of his DD Form 214, Certificate of Release or Discharge from
Active Duty.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 16 February 1982 in the
grade of airman basic (E-1). Applicant was separated from the Air
Force on 18 July 1984 under the provisions of AFR 39-10,
Administration Separation of Airmen (unsatisfactory performance), with
a general (under honorable conditions) discharge. He was credited
with 2 years, 5 months and 2 days of active duty service.
On 30 May 84 the applicant’s commander notified him that he was
recommending discharge from the Air Force based n the following:
1) 28 Mar 84, applicant received a Letter of Counseling (LOC) for
substandard performance.
2) 26 Mar 84, applicant received a LOC for being late for work.
3) 23 Feb 84, applicant received an Article 15 for being late for
work.
4) 9 Feb 84, applicant received a LOC for substandard duty
performance.
5) 23 Nov 83, applicant received a LOC for substandard duty
performance.
6) 6 Sep 83, applicant received a LOC for substandard duty
performance.
7) 6 Jul 83, applicant received a LOC for substandard duty
performance.
8) 3 Apr 83, applicant received an Airman Performance Report (APR)
with an overall rating of 5.
9) 15 Mar 83, applicant received an Article 15 for being late for
duty and lying about the reason for being late.
The applicant acknowledged receipt of the notification of discharge
and after consulting with legal counsel submitted statements on 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.
_________________________________________________________________
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 and
the applicant did not submit any evidence or identify any errors or
injustices that occurred in the discharge processing. He also
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:
The applicant contends the charges brought against him were
unwarranted and baseless at the time. He was set-up and black-listed
by his captain and she was discriminating against him and being racist
towards him (Exhibit E).
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, the Board excused
the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice warranting an upgrade in the
applicant’s discharge. After a thorough review of the evidence of
record and applicant's submission, we are not persuaded the actions
taken against him were improper, contrary to the provisions of the
governing regulations in effect at the time, or 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. In the absence of
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 probable 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-
2006-01274 in Executive Session on 19 July 2006, under the provisions
of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Barbara R. Murray, Member
Mr. Reginald P. Howard, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2006-01274 was considered:
Exhibit A. DD Form 149, dated 18 Apr 06, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 11 May 06.
Exhibit D. Letter, SAF/MRBR, dated 2 Jun 06.
Exhibit E. Applicant's Response, dated 22 Jun 06
MICHAEL J. NOVEL
Panel Chair
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