RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02856
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 24 MARCH 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His life has improved dramatically since his separation from the Air Force.
He has been employed at the same job for 22 years and has been sober for
more than 13 years. When he was in the military he was young and naïve and
had many personal problems.
Applicant submits no supporting documentation. Applicant’s complete
submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 4 January 1982, 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 4
January 1983. He received three Airman Performance Reports closing 22 May
1984, 3 January 1984 and 3 January 1983, in which the overall evaluations
were 6, 9, and 7 respectively.
On 24 February 1984, he was charged with operating a vehicle while drunk
and leaving the scene of an accident. 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.
On 27 April 1984, he was incapacitated for the proper performance of duty
as a result of previous indulgence in intoxicating liquor. For this
incident, his suspended reduction was vacated.
On 23 May 1984, the applicant’s commander initiated discharge proceedings
against him under the provisions of AFR 39-10, paragraph 5-47a, 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; he 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
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 8 June 1984, the discharge authority directed the
applicant be discharged with a general discharge. He was discharged on 15
June 1984. He served 2 years, 5 months, and 12 days on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI)
provided a copy of an Investigative Report, No. 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. The complete DPPRS evaluation is
at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was sent to the applicant on 13 October
2006 for review and comment within 30 days. As of this date, this office
has received no response.
A copy of the FBI Investigative Report was sent to the applicant on 14
November 2006 for review and comment within 14 days. As of this date, this
office has received no response.
___________________________________________________________________
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 the information in his discharge case file is erroneous, his
substantial rights were violated, or that his commanders abused their
discretionary authority. Applicant’s contentions were noted; however, the
limited evidence provided, in our estimation, is not of a sufficient
quality and quantity to warrant the approval of the requested relief.
Accordingly, his request is not favorably considered.
___________________________________________________________________
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-2006-02856
in Executive Session on 28 November 2006, under the provisions of AFI 36-
2603:
Ms. Cathlynn B. Novel, Panel Chair
Mr. Don H. Kendrick, Member
Ms. Judith B. Oliva, Member
The following documentary evidence pertaining to Docket Number BC-2006-
02856 was considered:
Exhibit A. DD Form 149, dated 15 Sep 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report No.18405TA3.
Exhibit D. Letter, AFPC/DPPRS, dated 3 Oct 06.
Exhibit E. Letter, SAF/MRBR, dated 13 Oct 06.
Exhibit F. Letter, AFBCMR, dated 14 Nov 06.
CATHLYNN B. NOVEL
Panel Chair
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