RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02224
INDEX CODE: 112.00
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: Jan 19, 2009
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code of 2C (involuntarily separated with
an honorable discharge; or entry level separation without characterization
of service) be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The record of his arrest by the Office of Special Investigations (OSI) is
in error and unjust.
His rights were violated by being categorized as arrested by OSI for
requesting a lawyer as OSI was conducting an investigation. He was only
informed that he was being investigated.
The investigation occurred because he followed an unlawful order by his
superior officer to hide tools from a major inspection.
He was never arrested or formally charged, only finger printed. At the
time, he was told finger prints were only taken for precautionary reasons,
in case an absent without leave (AWOL) situation arose.
He was never read his rights. His rights were violated and continue to be
violated by the erroneous record of his arrest.
He has recently “again” been denied employment due to this erroneous arrest
record, whereby he is being treated as if he was convicted of a felony
which was and has always been untrue.
He is denied employment opportunities anytime companies conduct background
checks.
After hearing the facts and circumstances of the investigations, the Air
Force Discharge Review Board (AFDRB) upgraded his discharge from under
other than honorable conditions to honorable.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 23 Apr 98, the applicant was charged with stealing government property.
On 8 Apr 98, the acting staff judge advocate reviewed the case and
determined it was legally sufficient and recommended the applicant’s
request for discharge in lieu of trial by court-martial be accepted and
that the applicant be discharged with an under other than honorable
conditions discharge.
On 10 Apr 98, the discharge authority approved the applicant’s request for
discharge in lieu of court-martial and directed he be discharged with an
under other than honorable conditions discharge.
The applicant was discharged on 20 Apr 98 with an under other than
honorable conditions discharge.
In 1999, the applicant appealed to the AFDRB and was denied. However, on
12 Dec 06, the AFDRB reheard the case and voted to upgrade the applicant’s
discharge to honorable and change his reenlistment code to 2C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAE recommends denial of the applicant’s request. As a result of
the AFDRB decision, the applicant’s discharge, reason and authority, and RE
code were changed. DPPAE states they found no error or injustice, nor did
the applicant submit any evidence of any.
The AFPC/DPPAE complete evaluation, with attachments is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 31 Aug
07 for review and comment within 30 days. As of this date, this office has
not received a 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. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice. Therefore,
in the absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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-2007-02224
in Executive Session on 4 October 2007, under the provisions of AFI 36-
2603:
Mr. Lawrence M. Groner, Panel Chair
Ms. Mary C. Puckett, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, w/atch, dated 24 Jun 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPAE, w/atch, dated 7 Aug 07.
Exhibit D. Letter, SAF/MRBR, dated 31 Aug 07.
LAWRENCE M. GRONER
Panel Chair
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