RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01844
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 19 DEC 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was informed that his discharge would be automatically upgraded six
months subsequent to his discharge.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 12 February 1982. He was
progressively promoted to the grade of sergeant having assumed that grade
effective and with a date of rank of 1 June 1985. On 26 February 1987,
applicant was notified by his commander of his intent to recommend that he
be discharged from the Air Force under the provisions of AFR 39-10,
paragraph 5-46. The specific reasons for this action was that he was
placed on the Control Roster because he displayed unacceptable off-duty
behavior, he received a letter of reprimand (LOR) for a domestic
disturbance, he received a verbal counseling for financial irresponsibility
and he received an Article 15 on 23 February 1987 for being derelict in the
performance of his duties. His punishment consisted of a reduction to the
grade of airman first class with a date of rank of 23 February 1987 and
45 days’ extra duty. He was advised of his rights in this matter and
acknowledged receipt of the discharge notification. After consulting with
counsel, the applicant elected not to submit statements on his own behalf.
In a legal review of the case file, the assistant staff judge advocate
found the case legally sufficient and recommended that he be discharged.
On 9 March 1987, the discharge authority concurred with the recommendations
and directed that he be discharged with a general discharge, without
probation and rehabilitation. Applicant was discharged on 18 March 1987.
He served 5 years, 1 month, and 6 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states 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 an errors
or injustices that occurred in the discharge processing nor did he provide
facts warranting a change to his character of service.
The DPPRS complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 14 July 2006, the evaluation was forwarded to the applicant 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 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 warranting the applicant’s general
discharge be upgraded to an honorable discharge. We believe responsible
officials applied appropriate standards in effecting the separation, and do
not find persuasive evidence that pertinent regulations were violated or
that the applicant was not afforded all the rights to which entitled at the
time of discharge. Although the applicant did not specifically request
consideration based on clemency, we find insufficient evidence to warrant a
recommendation that the discharge be upgraded on that basis. Therefore, in
the absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or an injustice; the application was denied without a
personal appearance; and 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-
01844 in Executive Session on 22 August 2006, under the provisions of AFI
36-2603:
Mr. Robert H. Altman, Panel Chair
Ms. Karen A. Holloman, Member
Mr. Wallace F. Beard Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Jun 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Negative FBI Report of Investigation.
Exhibit D. Letter, AFPC/DPPRS, dated 30 Jun 06.
Exhibit E. Letter, SAF/MRBR, dated 14 Jul 06.
ROBERT H. ALTMAN
Panel Chair
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