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
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