RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01680
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 8 DEC 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He feels he had an excellent military career, made some bad choices,
but the BCD discharge does not reflect his complete character or his
contributions to the Air Force.
In support of his request, the applicant provides NA Form 13038,
Certification of military Service, and DD Form 214, Certificate of
Release or Discharge.
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
12 May 1981, for a term of 4 years. He was convicted by SPCM Order
Number 8, dated 23 September 1986, for unauthorized absence from his
place of duty from on or about 17 July 1986 to on or about 11 August
1986, and unauthorized absence from his place of duty from on or about
4 September 1986, to on or about 5 September 1986. He pleaded guilty
to both specifications and was found guilty. The applicant was
sentenced to be discharged from the service with a BCD, confinement
for two months, forfeiture of $200.00 per month for two months, and
reduction to the grade of airman basic. On 8 October 1987, he was
discharged from the Air Force under the provisions of AFAR 39-10,
Administrative Separation of Airmen for conviction by Court-Martial
(Other than desertion) and received a BCD. He served a total of 6
years, 2 months and 12 days of active duty service.
On 15 June 2006, his records were corrected to show continuous
honorable active military service from 12 May 1981 to 29 August 1984.
_________________________________________________________________
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. The discharge was within the discretion of the discharge
authority, the applicant did not submit any new evidence or identify
any errors or injustices that occurred in the discharge processing,
nor did he provide any facts warranting a change to her character of
service.
The DPPRS 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
30 June 2006, for review and comment within 30 days. 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. The Board notes the
applicant’s records were corrected to show continuous honorable active
military service from 12 May 1981 to 29 August 1984. However, after
careful consideration of the available evidence, we found no evidence
of impropriety in the manner in which the court-martial was conducted,
no evidence the applicant was not afforded all rights accorded by law
in effect at the time, or that the actions taken against the applicant
were based on factors other than his own misconduct. Therefore, based
on the available evidence of record, we find no basis upon which to
favorably consider 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 Docket Number BC-2006-
01680 in Executive Session on 2 August 2006, under the provisions of
AFI 36-2603:
Mr. Thomas S. Markiewicz, Panel Chair
Mr. John E. B. Smith, Member
Ms. Renee M. Collier, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 May 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 12 Jan 05.
Exhibit D. Letter, SAF/MRBR, dated 30 Jun 06.
THOMAS S. MARKIEWICZ
Chair
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