RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00321
INDEX CODE: 110.02
COUNSEL: NOT INDICATED
HEARING DESIRED: NOT INDICATED
MANDATORY CASE COMPLETION DATE: 4 AUG 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had a drinking problem while he was on active duty.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
3 March 1983, for a term of 4 years. On 30 July 1985, his commander
notified him he was recommending he be discharged from the Air Force
for misconduct-pattern of minor disciplinary infractions. The basis
for the commander’s recommendation was that on 30 July 1983, he
received a Letter of Counseling (LOC) for failure to go; on 3 December
1983, he received an Article 15 for driving while intoxicated; on 14
April 1984, he received an Article 15 for intent to deceive; on 5 May
1984, he received a LOC for failure to maintain standards; on
28 September 1984, his supervisor provided a statement concerning
failure to go; on 20 October 1984, he received an Article 15 for
sleeping on duty; on 17 November 1984, his supervisor provided a
statement concerning failure to go and on 16 January 1985, he received
an Article 15 for failure to go. He acknowledged receipt of the
notification of discharge, and after consulting with counsel he waived
his right to 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. The
discharge authority approved the separation and directed that
applicant be discharged with a general (under honorable conditions)
discharge without probation and rehabilitation.
Applicant was separated on 6 March 1985, under the provisions of AFR
39-10, Administrative Separation of Airmen, for (misconduct-pattern of
minor disciplinary infractions) with a general (under honorable
conditions) discharge.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, provided a copy of an Investigation Report pertaining
to the applicant, 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. 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 general (under
honorable conditions) discharge.
The DPPRS 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
16 February 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 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. The discharge appears to be in
compliance with the governing regulation, and we find no evidence to
indicate his separation from the Air Force was inappropriate.
Further, we find no evidence of error in this case and after
thoroughly reviewing the evidence of record, we do not believe he has
suffered from an injustice. The only other basis upon which to
upgrade his discharge would be clemency. Based on the evidence of
record, we cannot conclude that clemency is warranted. Moreover, it
appears that he has not overcome the behavior traits which caused the
discharge based on the report provided by the FBI. Therefore, based
on the evidence of record, we find no basis upon which to favorably
consider 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-2007-
00321 in Executive Session on 19 April 2007, under the provisions of
AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Maureen B. Higgins, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Jan 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Response, dated 15 February 07.
Exhibit D. Letter, AFPC/DPPRS, dated 9 Feb 07.
Exhibit E. Letter, SAF/MRBR, dated 16 Feb 07.
THOMAS S. MARKIEWICZ
Chair
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