RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01797
INDEX CODE: 110.02
COUNSEL: None
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 8 DECEMBER 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His records show he supported two separate units which received outstanding
awards. He received a Good Conduct Ribbon. He also successfully completed
various educational schools and served his country proudly
He would like to be in a position to possibly serve his country again and
not be condemned.
In support of his appeal, the applicant submitted a copy of his DD Form
214.
The applicant's complete submission, with an attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force (RegAF) on 5 April 1984, as
an airman basic (AB).
On 11 February 1988, the applicant’s commander notified him that he was
recommending him for discharge from the Air Force (AF) under the provisions
of Air Force Regulation (AFR) 39-10 for misconduct (conduct prejudicial to
good order and discipline.) The specific reasons for the discharge action
were:
a. On 22 January 1988, the applicant received an Article 15 for
being drunk and disorderly at Comiso Air Station, Italy
and for escaping the custody of, a person authorized to apprehend the
applicant.
b. On 2 December 1987, the applicant received an Article 15 for
being absent from his organization without authority.
c. On 27 November 1987, the applicant received a Letter of
Counseling (LOC) for dereliction of duty and failure to obey the verbal
directive given him by a superior Noncommissioned Officer (NCO).
The commander advised the applicant of his right in this matter.
The applicant acknowledged receipt of the notification of discharge and
after consulting with legal counsel submitted a statement in his own
behalf.
On 19 February 1988, a legal review was conducted in which the staff judge
advocate recommended the applicant be discharged with a general discharge
without probation and rehabilitation.
The discharge authority approved the discharge and directed the applicant
be discharged with a general discharge without probation and
rehabilitation.
The applicant was discharged on 3 March 1988, in the grade of airman basic.
He served 3 years, 10 months and 29 days on active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigative report which is attached at
Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
None. The applicant has not shown the characterization of his discharge
was contrary to the provisions of AFR 39-10, Administrative Separation of
Airmen, paragraph 5-47 (Exhibit D). Nor has he shown the nature of the
discharge was unduly harsh or disproportionate to the offenses committed.
Notwithstanding the absence of error or injustice, the Board has the
prerogative to grant relief on the basis of clemency if so inclined.
_________________________________________________________________
APPLICANT’S REVIEW OF FBI REPORT:
On 21 June 2007, the Board staff forwarded the applicant a copy of FBI
report for review and comment within 30 days. As of this date, no response
has been received by this office (Exhibit E).
On 22 June 2007, the Board staff requested the applicant provide
documentation pertaining to his activities since leaving military service.
He has not responded (Exhibit F).
_________________________________________________________________
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 an injustice. We took notice of the applicant's
complete submission in judging the merits of the case; however, we find the
applicant has failed to sustain his burden of proof that he has suffered
either an error or an injustice. Based on the documentation in the
applicant's records, and his apparent misconduct subsequent to military
service as contained in his FBI investigative report it appears that the
processing of his service and the characterization of the discharge were
appropriate and accomplished in accordance with Air Force regulation.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in 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-2007-01451,
in Executive Session on 28 August 2007, under the provisions of AFI 36-
2603:
Mr. James W. Russell III, Panel Chair
Mr. Elwood C. Lewis III, Member
Mr. Mark J. Novitski, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 May 07, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Extract, AFR 39-10.
Exhibit E. Letter, AFBCMR, dated 22 Jun 07, w/atch.
JAMES W. RUSSELL III
Panel Chair
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