Search Decisions

Decision Text

AF | BCMR | CY2007 | BC-2006-03300
Original file (BC-2006-03300.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03300
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  29 April 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not deserve a general discharge.  He feels he was a  very  good
airman the three and a half years that he served.

In support of the appeal, applicant submits a  personal  statement,  a
letter of evaluation, and three letters of congratulations.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The former member enlisted in the Regular Air Force as an airman basic
on 25 November 1986, for a term of four years.  On 15  May  1990,  his
commander recommended his discharge from the Air Force for  a  Pattern
of Discreditable Involvement with Military or Civil authorities.   The
bases for the commander’s recommendation were:  (a) He was reprimanded
on two occasions for failing to report  for  a  mandatory  Commander’s
Call; and for being disrespectful in a statement made  to  a  superior
noncommissioned  officer  (NCO).   (b)  His  driving  privileges  were
revoked for receiving three traffic tickets for moving  violations  on
base during 1988.  (c) He was formally counseled on two occasions (for
failure to report for duty, and for leaving his place of duty  without
permission); and (d) He received Articles 15 on two occasions.  On  17
November 1989, he was disorderly in  an  incident  at  the  Moody  AFB
Enlisted Open Mess.  Punishment consisted of reduction to the grade of
airman, forfeiture of $150 pay, and seven days of correctional custody
(CC), but the reduction to the grade of airman and seven  days  of  CC
were suspended until  25  May  1990,  at  which  time,  unless  sooner
vacated, it would be remitted; and on 13 April  1990,  he  was  absent
from his place of duty without  authority.   Punishment  consisted  of
reduction to the grade of airman first class and 14 days  restriction.
He acknowledged receipt of the notification  of  discharge  and  after
consulting with legal counsel he waived his right to submit statements
in his own behalf.  The base legal office reviewed the case and  found
it legally sufficient to support separation and recommended  applicant
be separation with an under honorable conditions  (general)  discharge
without  probation  and  rehabilitation.   The   discharge   authority
approved the separation and directed that applicant be discharged with
an under honorable conditions (general)  discharge  without  probation
and rehabilitation.

Applicant was separated from the Air Force on 18 May  1990  under  the
provisions of AFR 39-10, Administrative Separation of Airmen  (pattern
discreditable involvement with military or civil authorities), with an
under honorable conditions (general) discharge.  He served 3 years,  5
months and 24 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, West Virginia, provided an investigative report  which  is
attached at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial.   DPPRS  states  the   discharge   was
consistent with the procedural and  substantive  requirements  of  the
discharge regulation and was within the discretion  of  the  discharge
authority.  The applicant did not submit any evidence or identify  any
errors in his discharge processing.  He provided no facts warranting a
change to his discharge.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a statement saying he was a very  good  airman  and
performed all his duties very well.  He states he did  not  deserve  a
general discharge, which is total injustice.  He feels it is time  for
justice.  Documents provided were previously submitted.

Applicant's complete response, with attachments, is at Exhibit E.

A copy of  the  Federal  Bureau  of  Investigation  (FBI)  Report  was
forwarded to the applicant on 1 December 2006 for review  and  comment
within 14 days.  As of this date, this office has received no response
(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.   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
and adopt their rationale as the basis for  the  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
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  this  application  in
Executive Session on 25 January 2007, under the provisions of AFI  36-
2603:

                 Mr. Michael J. Novel, Panel Chair
                 Mr. Garry G. Sauner, Member
                 Mr. James A. Wolffe, Member


The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2006-03300 was considered:

      Exhibit A. DD Form 149, dated 21 Oct 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 6 Nov 06.
      Exhibit E. Appicant’s Response, dated 26 Nov 06.
      Exhibit F. Letter, AFBCMR, dated 1 Dec 06.




                             MICHAEL J. NOVEL
                             Panel Chair

Similar Decisions

  • AF | BCMR | CY2005 | BC-2006-01846

    Original file (BC-2006-01846.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006- 01846 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 15 DECEMBER 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. Novel, Panel Chair Mr. Gregory A. Parker, Member Ms. Jan Mulligan, Member The following documentary...

  • AF | BCMR | CY2006 | BC-2006-02072

    Original file (BC-2006-02072.doc) Auto-classification: Denied

    On 11 Oct 73, an evaluation officer interviewed the applicant and recommended he be discharged with an under honorable conditions (general) discharge for unsuitability based upon a defective attitude. ____________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS recommends the application be denied, and states, in part, based on the documentation on file in the master personnel records, the discharge was consistent with the procedural...

  • AF | BCMR | CY2006 | BC-2006-00509

    Original file (BC-2006-00509.doc) Auto-classification: Denied

    DPPRS complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 Mar 06 for review and comment within 30 days and on 17 Apr 2006, he was forwarded a copy of the FBI report. Novel, Panel Chair Mr. Grover L. Dunn, Member Mr. John E. B. Smith, Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Feb...

  • AF | BCMR | CY2007 | BC-2006-03543

    Original file (BC-2006-03543.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03543 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 20 May 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. It appears that responsible officials applied appropriate standards in effecting the separation, and we do not...

  • AF | BCMR | CY2007 | BC-2006-03574

    Original file (BC-2006-03574.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03574 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 MAY 2008 ___________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to an honorable discharge. The applicant’s commander further indicated he was recommending the applicant receive an under...

  • 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 | CY2007 | BC-2006-03017

    Original file (BC-2006-03017.doc) Auto-classification: Denied

    The discharge authority approved the separation and directed he be discharged with an undesirable discharge. DPPRS states based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation. Furthermore, based on the available evidence of record and since the applicant has not provided information of his post-service activities and accomplishments, we cannot conclude that clemency is...

  • AF | BCMR | CY2007 | BC-2006-03606

    Original file (BC-2006-03606.doc) Auto-classification: Denied

    Applicant was discharged on 10 May 84, in the grade of airman first class (E-3), under the provisions of AFR 39-10, Misconduct-Pattern of Minor Disciplinary Infractions, and received an under honorable conditions (general) discharge. ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS recommends the application be denied, and states, in part, based on the documentation on file in the master personnel records, the discharge was consistent...

  • AF | BCMR | CY2006 | BC-2006-01848

    Original file (BC-2006-01848.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01848 INDEX CODE: 110.02 xxxxxxxxxxxxx COUNSEL: NOT INDICATED HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 16 JAN 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to a general (under honorable conditions) discharge. The discharge authority approved the separation and directed that he be...

  • AF | BCMR | CY2006 | BC-2006-02067

    Original file (BC-2006-02067.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02067 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 14 Jan 08 _________________________________________________________________ APPLICANT REQUESTS THAT: Her general (under honorable conditions) discharge be upgraded to an honorable discharge. _________________________________________________________________ STATEMENT OF FACTS: Applicant...