Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2006-02375
Original file (BC-2006-02375.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-02375
                                        INDEX CODE:  110.02
                       COUNSEL:  NONE
                                        HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  12 FEBRUARY 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  general  (under  honorable  conditions)  discharge  be   upgraded   to
honorable.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge is inequitable.  When he was  off-duty,  he  drank  too  much
which led to his transgressions.  Under current standards, he  believes  he
would have received an honorable discharge.  He is proud  of  the  positive
things he accomplished while in the Air Force.

Applicant  submits  no  supporting  documentation.   Applicant’s   complete
submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 13 February 1981, the applicant enlisted in the Regular Air Force in  the
grade of airman basic (E-1) for a period of 4 years.  He  was  progressively
promoted to the grade of airman first class (E-3), with a date  of  rank  of
13 February 1982.  He received four Airman Performance  Reports  closing  12
February 1982, 29 November 1982, 19 August 1983 and 8 April 1984,  in  which
the overall evaluations were 9, 8, 9 and 7 respectively.

On 3 October 1982, he was charged with failure to obey a  lawful  order  not
to drive on base for one year from 29 September 1982 to 28  September  1983.
For this incident, punishment under Article 15,  Uniform  Code  of  Military
Justice (UCMJ), was imposed.  He received a suspended reduction  to  airman,
and $150 forfeiture of his pay per month for two months.

On 21 September 1983, he received a  letter  of  reprimand  for  failure  to
maintain enough funds in his checking account to cover a $50.00 check.

On or about 27 January 1984, the applicant had a  female  in  his  dormitory
room.  For this incident, his  suspended  reduction  was  vacated  and  $100
forfeiture of his pay was administered.

On or about 11  March  1984,  the  applicant  operated  a  motorcycle  while
intoxicated.  For this incident, punishment  under  Article  15,  UCMJ,  was
imposed.  He was reduced to the grade of airman basic.

On 9 April 1984, the applicant’s commander initiated  discharge  proceedings
against him under the provisions of AFR 39-10, paragraph 5-47 for a  pattern
of  misconduct.    The   applicant   was   notified   of   his   commander’s
recommendation and that a general discharge was being recommended.   He  was
advised of his rights and consulted  with  counsel  and  elected  to  submit
statements in his own behalf.  In a  legal  review  of  the  discharge  case
file, the staff judge advocate found it legally sufficient  and  recommended
that he be discharged from the  Air  Force  with  a  general  discharge  and
concurred with the commander  that  the  applicant  not  be  considered  for
probation and rehabilitation.  On 17 April  1984,  the  discharge  authority
directed that he be discharged with a general (under  honorable  conditions)
discharge.  Subsequently, he was discharged on 18 April 1984.  He  served  3
years, 2 months, and 6 days on active duty.

On 24 June 1992, the Air Force Discharge Review Board  reviewed  and  denied
the applicant’s request that his discharge be upgraded to honorable.

Pursuant to the Board's request, the Federal Bureau of Investigation  (FBI),
Clarksburg, WV, indicated that on the basis  of  the  data  furnished,  they
were unable to locate an arrest record.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS states  that  based
upon the documentation in the file, the discharge was consistent  with  the
procedural and substantive requirements of the discharge regulation.  DPPRS
further states that the applicant has not  provided  any  new  evidence  or
identified  any  errors  or  injustices  that  occurred  in  the  discharge
processing.

The DPPRS complete evaluation is at Exhibit C.
_________________________________________________________________







APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air  Force  evaluation  was  sent  to  the  applicant  on  22
September 2006 for review and comment within 30 days.   As  of  this  date,
this office has received no response.

A letter was forwarded to  applicant  on  23  October  2006  suggesting  he
consider providing evidence  pertaining  to  his  post-service  activities.
Applicant responded by providing a personal statement stating he has worked
hard to be an honorable, community minded person.  Getting  kicked  out  of
the Air Force was a wake up call for him.  After twenty-three or  so  years
later, he is ashamed of his behavior which resulted in  his  discharge  and
humbly requests  consideration  for  clemency.   The  applicant’s  complete
response is at Exhibit F.

_________________________________________________________________

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  consideration  of  the
applicant’s request  and  the  available  evidence  of  record,  we  see  no
evidence that would warrant an upgrade of his characterization  of  service.
Other than his own assertions, the applicant has provided no evidence  which
would lead us to believe the information  in  his  discharge  case  file  is
erroneous,  that  his  substantial  rights  were  violated,  or   that   his
commanders  abused  their  discretionary  authority.   However,  should  the
applicant provide  evidence  pertaining  to  his  post  service  activities,
testimonials of friends and responsible citizens who know him,  he  may,  of
course, submit a request for clemency at a later time.

_________________________________________________________________

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-2006-02375
in Executive Session on 5 December 2006, under the provisions  of  AFI  36-
2603:

            Mr. Michael V. Barbino, Panel Chair
            Ms. Renee M. Collier, Member
            Ms. Glenda H. Scheiner, Member

The following documentary evidence pertaining  to  Docket  Number  BC-2006-
02375 was considered:

    Exhibit A.  DD Form 149, dated 3 Aug 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 18 Aug 06.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Sep 06.
    Exhibit E.  Letter, SAF/MRBC, dated 23 Oct 06.
    Exhibit F.  Letter, Applicant, undated.




                                   MICHAEL V. BARBINO
                                   Panel Chair



Similar Decisions

  • AF | BCMR | CY2006 | BC-2006-02856

    Original file (BC-2006-02856.doc) Auto-classification: Denied

    18405TA3, which is at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends the application be denied. DPPRS states that based upon the documentation in the file, they conclude that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and that the applicant did not identify any errors or injustices in the discharge processing. ...

  • AF | BCMR | CY2006 | BC-2006-00041

    Original file (BC-2006-00041.doc) Auto-classification: Denied

    On 18 March 1999, his commander notified the applicant of his recommendation to discharge the applicant under the provisions of paragraph 5.51.1 of Air Force Instruction (AFI) 36-3208, Administrative Separation of Airmen, and Air Force Personnel Directive 36-32, Military Retirements and Separations, with an UOTHC discharge. He feels if he had received the proper medical treatment for his depression he would not have received a UOTHC discharge. The characterization of discharge which was...

  • AF | BCMR | CY2006 | BC-2005-03532

    Original file (BC-2005-03532.DOC) Auto-classification: Denied

    The commander was recommending the applicant receive an UOTHC discharge based on the following: (1) On 10 April 1984, the applicant received a Letter of Reprimand for failure to report at the time prescribed to his appointed place of duty. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request. Exhibit E. FBI Investigative Report.

  • AF | BCMR | CY2006 | BC-2006-02026

    Original file (BC-2006-02026.doc) Auto-classification: Denied

    For this offense, he was reduced to the grade of airman first class and forfeited $150.00. Additionally, the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and he provided no facts warranting an upgrade of his discharge. Other than his own assertions, the applicant has provided no evidence that would lead us to believe the actions taken to effect his discharge were improper, or that the information in his discharge case...

  • AF | BCMR | CY2006 | BC-2006-00299

    Original file (BC-2006-00299.doc) Auto-classification: Denied

    The board recommended he be discharged because of unsatisfactory duty performance with a general discharge without rehabilitation. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting upgrading the applicant’s discharge. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice and...

  • AF | BCMR | CY2006 | BC-2006-02853

    Original file (BC-2006-02853.doc) Auto-classification: Denied

    DPPRS concludes the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and did not provide any facts warranting a change to his narrative reason for separation. The DPPRS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant's complete response is at Exhibit E. Applicant states several of the facts outlined in the Air Force...

  • AF | BCMR | CY2007 | BC-2006-02853

    Original file (BC-2006-02853.doc) Auto-classification: Denied

    DPPRS concludes the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and did not provide any facts warranting a change to his narrative reason for separation. The DPPRS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant's complete response is at Exhibit E. Applicant states several of the facts outlined in the Air Force...

  • AF | BCMR | CY2006 | BC-2006-01274

    Original file (BC-2006-01274.doc) Auto-classification: Denied

    On 30 May 84 the applicant’s commander notified him that he was recommending discharge from the Air Force based n the following: 1) 28 Mar 84, applicant received a Letter of Counseling (LOC) for substandard performance. Novel, Panel Chair Ms. Barbara R. Murray, Member Mr. Reginald P. Howard, Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2006-01274 was considered: Exhibit A. DD Form 149, dated 18 Apr 06, w/atchs. Exhibit C. Letter, AFPC/DPPRS, dated 11 May 06.

  • AF | BCMR | CY2005 | BC-2004-02269

    Original file (BC-2004-02269.doc) Auto-classification: Denied

    As of this date, this office has received no response (Exhibit D & E). The 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 thoroughly reviewing the documentation that has been submitted in support of the applicant’s appeal, we do not believe he has suffered from an injustice.

  • AF | BCMR | CY2006 | BC-2006-02785

    Original file (BC-2006-02785.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends denial of the applicant’s request to change his SPD code. According to the Military Personnel Flight Memorandum 04-35, the SPD code for individuals being released under the LADSC Waiver Program will be “MND” and the narrative reason will be “miscellaneous/general reasons.” The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge...