RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02062
INDEX CODE: 110.00
XXXXXXX COUNSEL: DISABLED AMERICAN VETERANS
HEARING DESIRED: YES
MANDATORY COMPLETION DATE: 14 JANUARY 2008
__________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged for minor disciplinary infractions which he attributes to
his drinking behavior. He states he received two driving under the
influence charges and believes alcoholism had taken over his rational
thinking and he did not make any attempts to save his career. He believes
he has made major changes and improvements since leaving the military in
1990. He recently celebrated his third year of sobriety in Nov 05 and does
not live the alcoholic life anymore. He states it took him 30 years to
accept the fact his life was unmanageable due to his condition. He has
been employed at an Allstate Insurance Company for over seven years. He
performs volunteer work annually for the Juvenile Diabetes, United Way,
Junior Achievement and the American Heart Association. He is an usher at
his church and has been married for 20 years with three children and a
grandson. He is very active with Alcoholics Anonymous (AA) and is the co-
chairman for the annual AA conference in the XXXXXXX Valley Virgina area.
He attends Bluefield College and will obtain his Bachelors Degree in Oct
05. During his 11-year career, he had one Letter of Reprimand in the late
1980 for an alcohol related incident which he regrets. He was offered
alcohol treatment and entered rehabilitation in 1979 but never realized how
severe his disease was until he left the service in 1990.
In support of the appeal, the applicant submits a personal statement, a
copy of his DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge; numerous character references, correspondence from
the BCMR, copies of his work in AA, information on work accomplishments,
Department of Motor Vehicle Driving record, transcripts and other
correspondence.
The complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Air Force on 27 Jun 79 in the grade of airman.
On 5 Jun 90, he was notified by his commander that he was recommending he
be discharged from the Air Force under the provisions of AFR 39-10,
Administrative Separation of Airman for misconduct (Minor Disciplinary
Infractions). The specific reasons for this action were on 29 May 90, he
received a Letter of Reprimand for failing to go at the prescribed time to
his appointed place of duty. On 29 May 90, he received a Letter of
Reprimand for being arrested for driving while intoxicated. On 25 May 90
he received a Letter of Reprimand for being found guilty of driving while
intoxicated. On 7 May 90, he received a Letter of Counseling for failing
to go at the prescribed time to his appointed place of duty. On 22 Jul 89
he received a Letter of Reprimand for exhibiting disorderly conduct and
being drunk on station. He was advised of his rights and he acknowledged
receipt on 6 Jun 90. The applicant waived his right to consult counsel and
elected not to submit statements on his own behalf. In a legal review of
his case the base legal office found it legally sufficient and recommended
a general discharge. Applicant was discharged in the grade of staff
sergeant on 10 Jul 90 with service characterized as a general (under
honorable conditions). He served a total of 11 years, and 14 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. In addition, the discharge was within the sound discretion of
the discharge authority. He did not submit any new evidence or identify
any errors or injustices that occurred in his discharge processing. 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 13 Jul
06 for review and comment within 30 days. As of this date, this office has
received no response (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 an error or injustice. After careful consideration of the
available evidence, we found no indication that the actions taken to affect
his discharge and characterization of his service 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.
________________________________________________________________
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 AFBCMR Docket Number BC-2006-
02062 in Executive Session on 13 September 2006, under the provisions of
AFI 36-2603:
Mr. Michael J. Maglio, Panel Chair
Mr. Garry G. Sauner, Member
Ms. Teri G. Spoutz, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 June 2006, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 13 July 2006.
Exhibit D. Letter, SAF/MRBR, dated 21 July 2006.
MICHAEL J. MAGLIO
Panel Chair
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