RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02072
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 03 OCTOBER 2007
____________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
____________________________________________________________________
APPLICANT CONTENDS THAT:
He completed basic training and technical school; his first duty base
was filled with drug abusers. He did not want any part of that
lifestyle, so he quit.
If you check the base medical records you will find evidence of drug
abuse with the airmen there.
Applicant’s complete submission is attached at Exhibit A.
____________________________________________________________________
STATEMENT OF FACTS:
Applicant entered active duty in the Air Force on 8 Dec 72, for a
period of four years in the grade of airman basic.
On 5 Oct 73, the squadron commander notified the applicant that he was
recommending he be discharged from the Air Force for a defective
attitude, as illustrated by the following: (1) On 9 Jul 73, applicant
received an Article 15 for failure to go at the time prescribed on or
about (o/a) 29 Jun 73 and 2 Jul 73. Punishment imposed was a suspended
reduction in grade to airman basic, and forfeiture of $50.00 of pay;
(2) On 11 Sep 73, applicant received a vacation of the suspended
reduction in grade to airman basic, for failure to go at the time
prescribed on or about 22 Aug 73; (3) On 14 Sep 73, applicant received
an Article 15 for being absent without leave (AWOL) o/a 27 Aug 73.
Punishment imposed was forfeiture of $75.00 pay per month for two
months; (4) On 25 Sep 73, applicant received an Article 15 for leaving
his appointed place of duty, without authority o/a 17, 18 and 19 Sep
73. Punishment imposed was forfeiture of $50.00 pay per month for two
months.
On 5 Oct 73, after consulting with counsel, applicant acknowledged
receipt of the discharge notification and waived his rights to submit
statements in his own behalf.
On 11 Oct 73, an evaluation officer interviewed the applicant and
recommended he be discharged with an under honorable conditions
(general) discharge for unsuitability based upon a defective attitude.
On 6 Nov 73, the Staff Judge Advocate found the case file legally
sufficient to support discharge from the Air Force with an under
honorable conditions (general) discharge without probation and
rehabilitation. On 8 Nov 73, the discharge authority approved the
separation and directed general discharge without probation and
rehabilitation.
Applicant was discharged on 9 Nov 73, in the grade of airman basic (E-
1), under the provisions of AFM 39-12, and was issued an under
honorable conditions (general) discharge. He was credited with 10
months, and 13 days of active military service.
Pursuant to the Board’s request on 25 Jul 06, the Federal Bureau of
Investigation, Clarksburg, West Virginia, indicated on 28 Jul 06, that,
on the basis of data furnished, they are unable to locate an arrest
record (Exhibit C).
____________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends the application be denied, and states, in
part, 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 evidence or identify any errors or
injustices that occurred in the discharge processing. Additionally,
the applicant provided no facts warranting a change to his character of
service.
A complete copy of the DPPRS evaluation is at Exhibit D.
____________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 28 Jul 06, a copy of the Air Force evaluation was forwarded to the
applicant for review and comment within 30 days. To date, a reply has
not been received (Exhibit E).
____________________________________________________________________
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. After careful review of the
available records, the applicant’s discharge appears to be in
compliance with the governing regulation 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 reviewing the
documentation submitted in support of applicant’s appeal, we do not
believe he has suffered from an injustice. 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-
02072 in Executive Session on 20 September 2006, under the provisions
of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Wallace F. Beard Jr., Member
Ms. Karen A. Holloman, Member
The following documentary evidence pertaining to Docket Number BC-
2006-02072 was considered:
Exhibit A. DD Form 149, dated 8 Jul 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFPC/DPPRS, dated 20 Jul 06.
Exhibit E. Letter, SAF/MRBR, dated 28 Jul 06.
MICHAEL J. NOVEL
Panel Chair
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