RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02793
INDEX CODE: 110.02
XXXXXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
MANDATORY CASE COMPLETION DATE: MAR 18, 2008
________________________________________________________________
APPLICANT REQUESTS THAT:
His characterization of service be upgraded from under honorable conditions
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was immature and away from home for the first time. He contends that
missile duty was boring. He had never experienced peer pressure and wanted
to fit in but, despite knowing there was a history of alcoholism in his
family, he was too immature to realize he had to stay away from guys who
were drinking. He regrets that he did not listen to his sergeants when
they told him he had a problem with alcohol in that he proceeded to drink
himself right out of a military career. For the past 23 years he has not
had anything to drink and has worked or been in school pursuing academic
goals. In May 2005, he graduated from Western Nebraska Community College
with an Associate of Occupational Studies degree in Information Technology.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 13 August 1980 for a period
of four years.
On 7 June 1983, applicant was notified of his commander's intent to
recommend him for an under honorable conditions (general) discharge for
misconduct, specifically, his failure in the alcohol rehabilitation program
and a pattern of misconduct prejudicial to good order and discipline.
The commander stated the following reasons for the proposed discharge:
a. continued misconduct associated with alcohol, unwillingness to
cooperate in the alcohol rehabilitation program, and inability to
maintain successful progress in the alcohol rehabilitation
program which resulted in his being identified as a failure in
said program
b. incapacitation for the proper performance of duties due to
previous overindulgence in intoxicating liquor
c. writing of two personal checks in the amounts of $5.00 and
$13.00, both of which were returned for insufficient funds
d. writing of a personal check in the amount of $9.25 which was
returned for insufficient funds
e. writing of a personal check in the amount of $40.00 which was
returned for insufficient funds
f. writing of a personal check in the amount of $5.65 which was
returned for insufficient funds
g. writing of a personal check in the amount of $5.00 which was
returned for insufficient funds
h. twice failing to maintain his dormitory room in accordance with
prescribed standards
i. failure to attend a scheduled pre-departure briefing
The commander advised applicant of his right to consult legal counsel,
submit statements in his own behalf, or waive the above rights after
consulting with counsel.
On 8 June 1983, after consulting with counsel, applicant waived his right
to submit statements in his own behalf.
A legal review was conducted on 22 June 1983, in which the staff judge
advocate recommended applicant be discharged for misconduct with a general
discharge characterization.
A resume of applicant's performance reports follows:
PERIOD ENDING OVERALL EVALUATION
6 Jun 1983 7
19 Dec 1982 8
12 May 1982 8
12 Aug 1981 7
Applicant was discharged on 28 June 1983 in the grade of Airman (E-2), with
an under honorable conditions discharge, in accordance with AFR 39-10,
paragraphs 5-47b and 5-32, for misconduct – pattern of misconduct
prejudicial to good order and discipline. He served a total of two years,
10 months, and 16 days.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated that on the basis of the data furnished, they
were unable to locate an arrest record (Exhibit C).
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial, stating the discharge was consistent with the
procedural and substantive requirements of the discharge regulation, 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, and that he provided no facts warranting a change
to his general discharge.
The AFPC/DPPRS evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 13
October 2006, for review and comment within 30 days. However, 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. 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.
4. We also find insufficient evidence to warrant a recommendation that
the discharge be upgraded on the basis of clemency. We have considered
applicant's overall quality of service, the events which precipitated the
discharge, and available evidence related to post-service activities and
accomplishments. Based on the evidence of record, we cannot conclude that
clemency is warranted. Applicant has not provided sufficient information
of post-service activities and accomplishments for us to conclude that
applicant has overcome the behavioral traits which caused the discharge.
Should applicant provide statements from community leaders and
acquaintances attesting to applicant's good character and reputation and
other evidence of successful post-service rehabilitation, this Board will
reconsider this case based on the new evidence. We cannot, however,
recommend approval based on the current evidence of record.
________________________________________________________________
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-2006-02793
in Executive Session on 30 November 2006, under the provisions of AFI 36-
2603:
Mr. Wayne R. Gracie, Panel Chair
Ms. LeLoy W. Cottrell, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Mar 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, US DOJ FBI, dated 11 Oct 06.
Exhibit D. Letter, AFPC/DPPRS, dated 2 Oct 06.
Exhibit E. Letter, SAF/MRBR, dated 13 Oct 06.
WAYNE R. GRACIE
Panel Chair
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