RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01361
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY COMPLETION DATE: 6 NOVEMBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to make him
eligible for reenlistment into the military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
There were incomplete/false documents, incorrect dates and names on
official records as well as missing paper work.
In support of the application, the applicant submits character reference
letters and other documents relative to his discharge.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on 28
September 2004 and was separated from the Air Force on 6 July 2005 under
the provisions of AFI 36-3208, Administrative Separation of Airman
(misconduct), with a general (under honorable conditions) discharge. He
was credited with nine months, and nine days of active service.
On 10 October 2005, the applicant submitted an application to the Air Force
Discharge Review Board (AFDRB) requesting his discharge be upgraded to
honorable. The records indicated the applicant had committed drug abuse as
defined by the applicable Air Force Regulation, received an Article 15, two
Letters of Reprimand, one Letter of Counseling and five AETC Forms 341,
Excellence/Discrepancy Report for misconduct. The Board concluded the
misconduct was a significant departure from conduct expected of all
military members and the characterization of his discharge was appropriate
under the circumstances.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states the discharge was consistent
with procedural and substantive requirements of the discharge regulation
and was within the discretion of the discharge authority and that the
applicant was provided full administrative due process. The applicant did
not submit any evidence or identify any errors or injustices that occurred
during the discharge processing. He provided no facts warranting a change
to his character of service.
The AFPC/DPPRS’s 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 9 June
2006 for review and comment within 30 days. 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. After a thorough review of the
evidence of record and applicant’s submission, we are not persuaded that
his discharge should be upgraded to honorable. The applicant has not
established by his submission that his commander abused his discretionary
authority, and since we find no abuse of that authority, there is no
compelling reason to overturn the commander’s decision. 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
of having suffered either an error or an injustice. Therefore, in absence
of evidence to the contrary, we find no basis to recommend granting the
relief sought.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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 Docket Number BC-2005-03503
in Executive Session on 21 September 2006, under the provisions of AFI 36-
2603:
Mr. Michael Gallogly, Chair
Mr. Dean Yount, Member
Mr. Gregory Parker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Apr 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 19 May 06.
Exhibit D. Letter, SAF/MRBR, dated 9 Jun 06.
MICHAEL GALLOGLY
Panel Chair
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