RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03919
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 JUN 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The general discharge he received was given in error and he desires that it
be upgraded.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 2 May 1972 in the grade of
airman basic and served as a musician in the Air Force Band. The applicant
was notified by his commander of his intent to recommend that he be
discharged from the Air Force under the provisions of AFM 39-12, chapter 2,
section A, paragraph 2-4c - apathy, defective attitude and inability to
expend effort constructively. The specific reasons for this action were
that the applicant had been identified as a marijuana user and had not been
enthusiastic in regard to rehabilitation efforts. His duty performance was
characterized as substandard coupled with an indifferent attitude as to
military bearing and behavior. He was advised of his rights in this matter
and acknowledged receipt of the notification. After consulting with
counsel applicant waived his right to a hearing before an administrative
discharge board and elected not to submit statements on his own behalf. In
a legal review of the case file, the assistant staff judge advocate found
the case legally sufficient and recommended that he be discharged without
probation and rehabilitation. The discharge authority concurred with the
recommendations and directed that he be discharged with a general
discharge, without probation and rehabilitation. Applicant was discharged
on 21 January 1974. He served 1 year, 8 months and 20 days on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI),
Clarksburg, West Virginia, provided an arrest record which is at Exhibit C.
_________________________________________________________________
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. Applicant
did not submit any evidence or identify any errors or injustices that
occurred in the discharge processing. He provided no facts warranting a
change.
The DPPRS complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 26 January 2007, the evaluation was forwarded to the applicant for
review and comment within 30 days (Exhibit E). As of this date, this
office has received no response.
On 9 February 2007, a copy of the FBI Investigation was forwarded to the
applicant for review and response within 30 days (Exhibit F). 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 an error or injustice. We believe responsible officials
applied appropriate standards in effecting his separation, and do not find
persuasive evidence that pertinent regulations were violated or that the
applicant was not afforded all the rights to which entitled at the time of
discharge. It appears the discharge proceedings were proper and
characterization of the discharge was appropriate to the existing
circumstances. Although the applicant did not specifically request it, we
considered upgrading his discharge based on clemency. However, noting his
apparent misconduct following his discharge as indicated on the FBI report,
we do not believe a recommendation that the characterization of his
discharge be upgraded on that basis is warranted. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or injustice; the application was denied without a
personal appearance; and 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 AFBCMR Docket Number BC-2006-
03919 in Executive Session on 28 Mar 07, under the provisions of AFI 36-
2603:
Mr. Jay H. Jordan, Panel Chair
Ms. Debra K. Walker, Member
Ms. Barbara R. Murray, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Dec 06, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFPC/DPPRS, dated 10 Jan 07
Exhibit E. Letter, SAF/MRBR, dated 26 Jan 07.
Exhibit F. Letter, SAF/MRBC, dated 9 Feb 07.
JAY H. JORDAN
Panel Chair
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