RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03274
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 28 APRIL 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant did not make any contentions.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 15 August 1968, in
the grade of airman basic.
On 8 May 1971, his commander notified him that he was recommending he
be discharged from the Air Force under the provisions of AFM 39-12,
Separation for Unsuitability, Misconduct, Resignation, or Request for
Discharge for the Good of the Service and Procedures for
Rehabilitation Program (unfitness – drug addition), with a general
discharge. The basis for this action was on or about 3 March 1988 he
received an Article 15 for failure to repair. On 8 May 1971 he
received another Article 15 for unlawful possession of heroin.
The applicant was advised of his rights in the matter. He
acknowledged receipt of the notification, and waived his right to a
hearing before an administrative discharge board and submitted a
statement in his own behalf.
The discharge authority approved the separation and directed he be
separated with a general discharge. He was separated from the Air
Force on 15 June 1971.
He served a total of 2 years, 10 months and 14 days on active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation
provided an investigation report pertaining to the applicant. A copy
of the report was provided to the applicant on 15 Dec 06 for review
and response within 14 days. As of this date no response has been
received. (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states based upon the
documentation in the master personnel records the discharge was
consistent with the procedural and substantive requirements of the
discharge manual. Additionally, the discharge was within the
discretion of the discharge authority.
The applicant did not submit any new evidence or identify any errors
or injustices that occurred in the discharge process; nor did he
provide any facts warranting a change to his character of service.
A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
17 November 2006, for review and comment 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 an error or injustice to warrant upgrading his
(general) under honorable conditions discharge to an honorable
discharge. We took notice of the applicant’s complete submission in
judging the merits of the case, however; we agree with the opinion and
recommendation of the Air Force office of primary responsibility and
adopt its rationale as the basis for our conclusion that the applicant
has not been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in 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 BC-2006-03274 in Executive
Session on 23 January 2007, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Judith B. Oliva, Member
Ms. Patricia R. Collins, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 October 2006.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 5 September 2006.
Exhibit D. AFPC/DPPRS Letter, dated 7 November 2006.
Exhibit E. Letter, SAF/MRBR, dated 17 November 2006.
CHARLENE M. BRADLEY
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office Of The Assistant Secretary
AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD 20762-7002
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
Your application to the Air Force Board for Correction of
Military Records, AFBCMR Docket Number BC-2006-03274, has been
finalized.
The majority of the Board determined that the military records
should be corrected as set forth in the attached copy of a Memorandum
for the Chief of Staff United States Air Force. The office
responsible for making the correction(s) will inform you when your
records have been changed.
After correction, the records will be reviewed to determine if
you are entitled to any monetary benefits as a result of the
correction of records. This determination is made by the Defense
Finance and Accounting Service (DFAS-DE), Denver, Colorado, and
involves the assembly and careful checking of finance records. It may
also be necessary for the DFAS-DE to communicate directly with you to
obtain additional information to ensure the proper settlement of your
claim. Because of the number and complexity of claims workload, you
should expect some delay. We assure you, however, that every effort
will be made to conclude this matter at the earliest practical date.
Sincerely
GREGORY E. JOHNSON
Chief Examiner
Air Force Board for Correction
of Military Records
Attachments:
1. Record of Proceedings
2. Copy of Directive
cc: DFAS-DE
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