RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02830
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The following changes be made to his DD 214 (separation document):
a) Block 24 (Character of Service) be amended to read general (under
honorable conditions) or upgraded to honorable;
b) Block 26 (Separation Code) be changed to FDB (Hardship).
________________________________________________________________
APPLICANT CONTENDS THAT:
His original DD 214 stated general (under honorable conditions). His
misconduct was due to family problems. He had requested an early release
from active duty. His commanding officer and base commander agreed to his
request for early release and told him he would never be able to reenter
military service. He was told he was receiving a Hardship, General (Under
Honorable Conditions) discharge. The error was discovered when he applied
to take the civil service test. Also, the dates on his DD 214 are in error
as he was discharged before the separation date.
The applicant’s complete submission is at Exhibit A.
Examiner's Note: According to the Office of Personnel Management,
applicants are no longer required to take a civil service test. However,
prior military members are required to include a copy of their DD 214 when
applying for government positions.
________________________________________________________________
STATEMENT OF FACTS:
On 23 Apr 87, the applicant entered the Regular Air Force for a period of
four years.
On 1 Mar 88, the applicant’s commander notified him that he was
recommending his separation from the Air Force under the provisions of AFR
39-10, paragraph 5-46 for minor disciplinary infractions. Specifically,
during January and February 1988, the applicant failed to maintain the
standards required of him. On 7 and 9 Jan 88, he failed to go to his place
of duty. For this incident, he received an Article 15. During December
1987 and January 1988 he wrote several checks with insufficient funds.
The discharge case was reviewed by the Acting Staff Judge Advocate and
found legally sufficient. On 9 Mar 88, the discharge authority approved
applicant’s general discharge without the offer of probation and
rehabilitation. On 15 Mar 88, the applicant was discharged from the
Regular Air Force in the grade of airman basic. He had served 10 months
and 24 days on active duty.
In response to the Board’s request, the FBI indicated they were unable to
identify with an arrest record pertaining to the applicant on the basis of
information furnished.
________________________________________________________________
APPLICANT'S RESPONSE TO REQUEST FOR POST-SERVICE INFORMATION:
In his unsigned letter dated 16 Oct 07, the applicant states he enjoyed his
time in the military and would have remained in service. He reiterates his
earlier comments pertaining to family problems and his discussion with his
commanding officer regarding the discharge type and conditions he would
receive.
He is married to a great lady. He has three step-children and is paying
child support for two children from a prior marriage. He worked steadily
up until three years ago when he injured his back. He now wants a civil
service position and will earn Veteran's points with the words "under
honorable conditions" on his DD 214. He wants to be a productive member of
his community.
He also submits two character reference letters (unsigned).
The applicant's complete submission, with attachments, is at 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 error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case; however, we find no
evidence of an error or injustice that occurred in the discharge
processing. Based on the available evidence of record, it appears the
discharge was consistent with the substantive requirements of the discharge
regulation and within the commander's discretionary authority. The
applicant has provided no evidence which would lead us to believe the
characterization of the service was contrary to the provisions of the
governing regulation, unduly harsh, or disproportionate to the offenses
committed. We considered upgrading the discharge based on clemency;
however, we do not find the evidence presented is sufficient to compel us
to recommend granting the relief sought on that basis. Therefore, in the
absence of evidence to the contrary, we find no basis upon which to
recommend granting the relief sought.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 this application in Executive
Session on 28 November 2007, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Karen A. Holloman, Member
Mr. Wallace F. Beard Jr., Member
The following documentary evidence was considered for AFBCMR Docket Number
BC-2007-02830:
Exhibit A. DD Form 149, dated 23 Aug 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, 3 Oct 07.
Exhibit D. Letter, Applicant, 16 Oct 07, w/atchs.
CHARLENE M. BRADLEY
Panel Chair
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