RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01481
INDEX CODE: 110.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 12 NOVEMBER 2008
______________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
With the exception of one, his minor offenses can be defined as judgmental
rather than facts. He believes the outcomes of his offenses were unjust
and the punishment does not fit when compared to today's airmen. He
believes other airmen are allowed to remain in the Air Force after
committing very dangerous illegal acts. In addition, the assistance his
Area Defense Counsel provided was inadequate and did not serve his best
interest. He believes if he had sufficient guidance and could have resided
off-base he would not have been subjected to his first sergeant's room
inspections. He believes this is what ultimately led to his involuntary
discharge. Other than his isolated incident for underage consumption of
alcohol, the room inspections were the only other offenses he was accused
of.
In support of his request, the applicant submits a personal letter; Air
Force Form 931, Performance Feedback Worksheet, base newspaper articles and
his New York Department of Correctional Services Diploma.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 23 March 1993. On 27 June
1994, he was notified by his commander that he was recommending he be
discharged from the Air Force under the provisions of AFR 39-10,
Administrative Separation of Airman, Section H, paragraph 5-46 for
misconduct (pattern of minor
disciplinary infractions). The specific reasons for this action were on 24
June 1994, he received an Article 15 for being derelict in the performance
of his duties in that he negligently failed to maintain correctional
custody standards by failing to maintain the decorum and physical order of
his room; on 6 June 1994, he received an Unfavorable Information File (UIF)
action for wrongfully wearing an unserviceable uniform, to include a filthy
dirty shirt, improper tie length, wrong size stripes, missing belt loop,
and soiled pants; on 12 May 1994, he received an Letter of Reprimand (LOR)
for failing to maintain his dormitory residence in sanitary condition; on 8
November 1993, he received an LOR because his dorm room was found to be in
violation of all reasonable neatness and cleanliness standards; and on 22
February 1994, he received an LOR for consuming alcoholic beverages while
under the age of 21. On 30 June 1994, he acknowledged receipt and
consulted counsel but elected not to submit statements on his own behalf.
In a legal review of his case the base legal office found it legally
sufficient and recommended a general discharge. Applicant was discharged
in the grade of airman basic on 5 July 1994. He served a total of 1 year,
3 months and 13 days on active duty.
________________________________________________________________
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 20
June 2007 for review and comment within 30 days. As of this date, this
office has received no response (Exhibit D).
________________________________________________________________
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 behavior and inability to
comply with standards. Therefore, the Board agrees with the opinion and
recommendation of the Air Force office of primary responsibility and adopts
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-
01481 in Executive Session on 26 July 2007, under the provisions of AFI 36-
2603:
Ms. B. J. White-Olson, Panel Chair
Ms. Josephine L. Davis, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence pertaining to Docket Number BC-2007-
01481 was considered:
Exhibit A. DD Form 149, dated 26 Apr 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 8 Jun 07.
Exhibit D. Letter, SAF/MRBR, dated 20 Jun 07.
B. J. WHITE-OLSON
Panel Chair
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