RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02390
XXXXXXX COUNSEL: CVSO
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 13 FEBRUARY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He realized that 15 years has passed, but, he was in a serious
motorcycle accident in 2001 and was critically injured. He would
appreciate the opportunity to have his discharge reviewed and
upgraded. While on active duty in the Air Force, he made quite a few
mistakes and was discharged with a general discharge. He has since
realized his mistakes and has matured. He now attends church regularly
and has changed his life completely.
In support of his application, applicant provided post service
letters, a copy of DD Form 214, Certificate of Release or Discharge
from Active Duty, and a letter from the Veteran's Service Commission
of Belmont County
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
17 June 1986.
On 3 November 1988, he was notified by his commander that he was
recommending him for a discharge for misconduct - pattern of minor
disciplinary infractions and recommended a general discharge. Basis
for the action was:
(1) On 25 November 1986, applicant received a Letter of
Reprimand (LOR) for being taken into custody by the Fairbanks Police
for shoplifting.
(2) On 12 February 1987, applicant received a (LOR) for
violating dormitory standards for cleanliness.
(3) On 19 February 1987, applicant received a (LOR) for
violating dormitory standards for cleanliness.
(4) On 8 May 1987, applicant received a (LOR) for violating
dormitory standards for cleanliness.
(5) On 25 August 1987, applicant received a (LOR) for being
apprehended by the North Pole Police Department for operating a motor
vehicle under the influence of alcohol.
(6) On 3 September 1987, applicant received a (LOR) for failure
to go to the Mental Clinic as instructed.
(7) On 15 January 1988, applicant received a (LOR) for
dereliction in the performance of his duties in preparing for a
dormitory inspection.
(8) On 11 August 1988, applicant received a (LOR) for needing a
haircut.
(9) On 19 August 1988, applicant received a (LOR) for leaving
his priority post without being properly relieved.
(10) On 7 September 1988, applicant received a (LOR) for
violating his driving revocation by operating a motor bike on Eielson
AFB.
(11) On 21 October 1988, applicant received an Article 15 for
dereliction in the performance of his duties, in that he willfully
failed to perform Bay Orderly as instructed.
The applicant acknowledged receipt of the notification of discharge
and after consulting with legal counsel elected not to submit
statements in his own behalf. The discharge authority approved the
separation and directed the applicant be discharged with a general
(under honorable conditions) discharge without probation
rehabilitation.
On 14 November 1988, the applicant was involuntarily discharged under
the provision of AFR 39-10 (Misconduct - Pattern of Minor Disciplinary
Infractions) with service characterized as general (under honorable
conditions) in the grade of airman basic. He served 2 years, 4 month
and 18 days of total active military service.
A copy of the FBI request provided stated they were unable to identify
any arrest record on the applicant, which is at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial and stated, based on the documentation
in the file, they believe the discharge was consistent with the
procedural and substantive requirements of the discharge regulation.
The discharge was within the discretion of the discharge authority.
Applicant did not submit any new evidence or identify any errors or
injustices that occurred in the discharge proceedings, nor did he
provide any facts warranting a change to his general (under honorable
conditions) discharge.
AFPC/DPPRS complete evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 22
September 2006 for review and response within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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. We find no impropriety in the
characterization of applicant's discharge. It appears that
responsible officials applied appropriate standards in effecting the
separation, and we do not find persuasive evidence that pertinent
regulations were violated or that applicant was not afforded all the
rights to which entitled at the time of discharge. We conclude,
therefore, that the discharge proceedings were proper and
characterization of the discharge was appropriate to the existing
circumstances. We note that the applicant submitted some documentation
pertaining to his post-service activities; however, we do not find the
evidence provided sufficiently compelling to warrant the approval of
his request based on clemency. In view of the above we find no basis
to warrant favorable action on this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of a 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-
02390 in Executive Session on 7 December 2006, under the provisions of
AFI 36-2603:
Ms. BJ White-Olson, Panel Chair
Ms. Debra K. Walker, Member
Mr. Todd L. Schafer, Member
The following documentary evidence pertaining to Docket Number BC-2006-
02390 was considered:
Exhibit A. DD Form 149, dated 17 Jul 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 13 Nov 06.
Exhibit D. Letter, AFPC/DPPRS, dated 23 Aug 06.
Exhibit E. Letter, SAF/MRBR, dated 22 Sep 06.
BJ WHITE-OLSON
Panel Chair
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