RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00461
INDEX CODE: 110.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 19 AUG 08
______________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded.
________________________________________________________________
APPLICANT CONTENDS THAT:
There were no errors with his discharge; however, he is requesting an
upgrade in order to be considered for a US Postal Service position. He
entered the Air Force at a young age and is ashamed of the lack of respect
he had for the Air Force. He now lives a different life and is active at
his church.
In support of his request, the applicant submits a personal statement.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 24 Feb 81. On 2 Feb 82 he
was notified by his commander that he was recommending he be discharged
from the Air Force under the provisions of AFR 39-12, Separation for
Unsuitable, Misconduct, Resignation, or Request for Discharge for the Good
of the Service and Procedures for the Rehabilitation Program (misconduct –
frequent involvement of a discreditable nature), with an UOTHC discharge.
The specific reasons for this action were on 29 Apr 81, he received an
Record of Counseling (ROC) for a security violation; on 30 Apr 81, he
received an ROC for failure to perform assigned bay details; on 10 Sep 81,
he received an ROC for failure to go at the time prescribed to his
appointed place of duty; on 15 Sep 81, he received an ROC for possession of
a dangerous weapon (numchucks); on 17 Sep 81, he received an ROC for
sleeping in class; on 17 Sep 81, he received an Letter of Reprimand (LOR)
for failure to go at the prescribed time to his appointed place of duty; on
22 Sep 81, he was diagnosed as having passive and aggressive traits and was
responsible for his actions; on 23 Sep 81, he received an Article 15 for
possession of a dangerous weapon (numchucks); on 6 Oct 81, he received an
ROC for being disrespectful to the night manager at the recreation center;
on 6 Oct 81, he received an ROC for violation of dress and appearance
standards; on 6 Oct 81, he received an ROC for a security violation; on 4
Nov 81, he received an ROC for violation of dress and appearance standards;
on 17 Nov 81, he received an ROC for failure to go at the time prescribed
to his appointed place of duty; on 17 Nov 81, he was counseled by his
commander and received an Article 15 for possession of marijuana; on 30 Nov
81, he was eliminated from training pending an administrative discharge; on
3 Dec 81, he received an LOR for insubordinate conduct toward a
noncommissioned officer; on 27 Jan 81, he received an Article 15 for being
absent without authority. He acknowledged receipt and waived his right to a
hearing before an administrative discharge board and to submit statements
in his own behalf. On 10 Mar 82, he was discharged from the Air Force with
service characterized as UOTHC. He served a total of 1 year and 17 days of
active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, DC., provided an investigation report
Pertaining to the applicant. A copy of the report was provided to the
applicant for review and response within 30 days. As of this date no
response has been received. (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. In addition, the discharge was within the sound discretion of
the discharge authority. He did not submit any new evidence or identify
any errors or injustices that occurred in his discharge processing.
The complete 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 9 Mar
07 for review and comment within 30 days. As of this date, this office has
received no response (Exhibit E).
________________________________________________________________
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. After careful consideration of the
available evidence, the Board found no indication the actions taken to
affect his discharge and characterization of his service were improper,
contrary to the provisions of the governing regulations in effect at the
time, or based on factors other than his own misconduct. Therefore, the
Board agrees with the opinion and recommendation of the Air Force office of
primary responsibility and adopt its rationale as the basis for their
conclusion that the applicant has not been the victim of an error or
injustice.
________________________________________________________________
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 AFBCMR Docket Number BC-2007-
00461 in Executive Session on 12 Apr 07, under the provisions of AFI 36-
2603:
Ms. Kathy L. Boockholdt, Panel Chair
Mr. Patrick C. Daugherty, Member
Mr. Todd L. Schafer, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-
2007-00461 was considered:
Exhibit A. DD Form 149, dated 6 Feb 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 6 Mar 07.
Exhibit D. Letter, AFPC/DPPRS, dated 26 Feb 07.
Exhibit E. Letter, SAF/MRBR, dated 9 Mar 07.
KATHY L. BOOCKHOLDT
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office Of The Assistant Secretary
AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB MD 20762-7002
XXXXXXX
XXXXXXX
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XXXXXXX
Reference your application, AFBCMR BC-2007-00461 submitted under
the provisions of AFI 36-2603 (Section 1552, 10 USC).
After careful consideration of your application and military
records, the Board determined that the evidence you presented did
not demonstrate the existence of material error or injustice.
Accordingly, the Board denied your application.
You have the right to submit newly discovered relevant
evidence for consideration by the Board. In the absence of such
additional evidence, a further review of your application is not
possible.
BY DIRECTION OF THE PANEL CHAIR
GREGORY E.
JOHNSON
Chief
Examiner
Air Force Board
for Correction
of Military
Records
Attachment:
Record of Board Proceedings
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