RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01099
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release of Discharge from Active Duty,
be changed in the following manner: Line 23 should read “Release from
Active duty”, line 24 should read “Honorable”, line 26 should read
“SBK”, line 27 should read “1J” and line 28 should read “Expiration
Term of Active Obligated Service.”
_________________________________________________________________
APPLICANT CONTENDS THAT:
Because he was not afraid to voice his opinion and to speak up for
others, he was harassed and made an example of.
In support of his appeal, the applicant has provided several letters
of support.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 18 June 1982 after
serving almost four years with the Air Force Reserve (AFR). He was
progressively promoted to the grade of senior airman (E4) with a date
of rank (DOR) of 21 February 1986. He received an Article 15 on 31
August 1989 for wrongfully and willfully impersonating an officer.
The punishment imposed was reduction in grade to airman first class
and forfeiture of $200 for one month. In addition to the Article 15,
he was presented with numerous letters of counseling, letters of
reprimand, and verbal counseling’s over the period 23 December 1986
through 9 February 1990. He was discharged effective 11 May 1990 with
an Under Other Than Honorable Conditions discharge after having served
a total of 7 years, 10 months, and 23 days of combined Regular Air
Force and AFR service.
_________________________________________________________________
IR FORCE EVALUATION:
None. The applicant has not shown the characterization of his
discharge was contrary to the provisions of AFR 39-10. Nor has he
shown the nature of the discharge was unduly harsh or
disproportionate to the offenses committed. At the time of the
applicant’s discharge, the issuance of an undesirable, general, or
honorable discharge was outlined in paragraph 9, AFR 39-10 (See
Exhibit C). Notwithstanding the absence of error or injustice, the
Board has the prerogative to grant relief on the basis of clemency if
so inclined.
Attached at Exhibit D is a memorandum prepared by the Air Force
Review Boards Agency Legal Advisor addressing the issue of
characterization of service and how standards have changed since
1959.
_________________________________________________________________
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. We find no impropriety in the characterization of applicant's
discharge. It appears that responsible officials applied
appropriate standards in effecting the separation, and we do not
find persuasive evidence that pertinent regulations were violated or
that applicant was not afforded all the rights to which entitled at
the time of discharge. We conclude, therefore, that the discharge
proceedings were proper and characterization of the discharge was
appropriate to the existing circumstances.
4. We also find insufficient evidence to warrant a recommendation
that the discharge be upgraded on the basis of clemency. We have
considered applicant's overall quality of service, the events which
precipitated the discharge, and available evidence related to post-
service activities and accomplishments. Based on the evidence of
record, we cannot conclude that clemency is warranted. Applicant
has not provided sufficient information of post-service activities
and accomplishments for us to conclude that applicant has overcome
the behavioral traits which caused the discharge. Should applicant
provide statements from community leaders and acquaintances
attesting to applicant's good character and reputation and other
evidence of successful post-service rehabilitation, this Board will
reconsider this case based on the new evidence. We cannot, however,
recommend approval based on the current evidence of record.
_________________________________________________________________
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-
2007-01099 in Executive Session on 16 August 2007, under the
provisions of AFI 36-2603:
Ms. B.J. White-Olson, Panel Chair
Mr. Vance E. Lineberger, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Jan 07, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Excerpt, AFR 39-10.
Exhibit D. Memo, AFBCMR Legal Advisor, dated 17 Apr 07.
B. J. WHITE-OLSON
Panel Chair
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