RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03735
INDEX CODE: 110.02
COUNSEL: NOT INDICATED
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 6 JUN 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes the punishment was too harsh for the misconduct and he was
diagnosed with depression/paranoia while in the service.
In support of his application the applicant provided a copy of DD Form
214, Certificate of Release or Discharge from Active Duty.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
15 June 2004, for a term of 4 years. On 22 June 2006, the applicant's
commander notified him that he was recommending he be discharged from
the Air Force for misconduct. The commander recommended he receive a
general (under honorable conditions) discharge. The bases for the
commander’s recommendation were that on 12 June 2006, he received a
vacation of nonjudicial punishment for failure to go at the time
prescribed to his appointed place of duty; on 24 March 2006, he
received an Article 15 for failure to go at the time prescribed to his
appointed place of duty; between 26 September 2005 and 27 January
2006, he received three Letters of Reprimand; two for his room being
in an unsanitary condition, and one for failure to go to a mandatory
appointment. He also received four Letters of Counseling between 31
August 2005 and 6 January 2006. He acknowledged receipt of the
notification of discharge, and after consulting with counsel did not
submit statements in his own behalf. The discharge case was reviewed
by the base legal office and found to be legally sufficient to support
discharge and recommended he be discharged with a general (under
honorable conditions) discharge without probation and rehabilitation
(P&R). The discharge authority approved the separation and directed
he be discharged with a general (under honorable conditions) discharge
without P&R. Applicant was separated on 21 July 2006, under the
provisions of AFI 32-08, Administrative Separation of Airmen for
(misconduct) and received a general (under honorable conditions)
discharge. He served two years, one month and two days on active
duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. 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. The discharge 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, nor did he provide any facts warranting a change to his
character of service or narrative reason for separation.
The DPPRS evaluation is at Exhibit C.
AFPC/JA recommends denial. JA states medical hold is not appropriate
for airmen who are being involuntarily separated unless the airman is
undergoing a Medical Evaluation Board (MEB). The applicant was not
undergoing an MEB and his ongoing treatment prior to separation
presents no bases for relief. JA states they considered the
applicant’s concern regarding his diagnosis in the context of the
characterization of his service. A general (under honorable
conditions) characterization is warranted when significant aspects of
the airman’s conduct or performance of duty outweigh positive aspects
of the airman’s military record. In his two years of service, the
variety of disciplinary infractions ranged from failure to report to
physical training and later failing his physical fitness test to
failure to go to his appointed place of duty. Except for the failure
to go that served as the basis for vacated nonjudicial punishment on
12 June 2006, the applicant’s disciplinary infractions took place
several months before his first encounter with Life Skills on 3 March
2006, and before he reported that he first experienced hallucinations.
The record presents no causal evidence between the applicant’s mental
state and disciplinary infractions. After careful review of the
allegations and record, the facts present no basis for relief.
The JA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
13 April 2007, for review and comment within 30 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. Evidence has not been presented
which would lead us to believe that his discharge was in error or
contrary to the governing Air Force instructions, which implement the
law. Therefore, we agree with the opinions and recommendations of the
Air Force offices of primary responsibility and adopt their rationale
as the basis for our conclusion that the applicant has not been the
victim of an error or injustice. 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 Docket Number BC-2006-
03735 in Executive Session on 20 June 2007, under the provisions of
AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Wallace F. Beard Jr., Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Nov 06, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memo, AFPC/DPPRS, dated 10 Jan 07.
Exhibit D. Memo, AFPC/JA, dated 10 Apr 07.
Exhibit E. Letter, SAF/MRBR, dated 13 Apr 07.
THOMAS S. MARKIEWICZ
Chair
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