RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01960
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE 25 OCT 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The circumstances surrounding his Article 15 action and subsequent
discharge were completely unwarranted and out of character with his service
record.
In support of his application, he submits a copy of his DD Form 214,
Certificate of Release or Discharge from Active Duty and a personal
statement.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 29 June 1981 for a
period of six years. His highest grade held was senior airman with a date
of rank of 1 Oct 1983.
On 16 April 1984, he was notified by his commander that he was recommending
him for discharge from the Air Force for a pattern of misconduct.
Applicant acknowledged receipt of the notification and after consulting
with counsel, waived his rights to submit statements in his own behalf.
The discharge authority approved the separation and directed he be
discharged with a general (under honorable conditions) discharge.
Probation and Rehabilitation were considered, but found not suitable.
On 7 May 1984, he was discharged under the provisions of AFR 39-10,
Administrative Separation of Airmen, with a reason of misconduct - pattern
discreditable involvement with military or civilian authorities, with
service characterized as general (under honorable conditions). He was
credited with 2 years, 10 months and 9 days of active duty service.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on 8 June 2006, that, on the basis of data
furnished, they are 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 requirements of
the discharge regulation and was within the discretion of the discharge
authority. The applicant did not submit any evidence or identify any errors
or injustices that occurred during the discharge process. He provided no
facts warranting a change to his character of service.
AFPC/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 21
July 2006 for review and comment within 30 days. As of this date, no
response has been received by this office (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-2006-01960
in Executive Session on 6 September 2006, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Patricia J. Zarodkiewicz, Member
Ms. Dorothy P. Loeb, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Dec 05, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 11 Jul 06.
Exhibit D. Letter, SAF/MRBR, dated 21 Jul 06.
Exhibit E. Letter, FBI Report.
THOMAS S. MARKIEWICZ
Chair
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