RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02810
INDEX CODE: 106.00, 107.00
XXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His previous application to upgrade his under honorable conditions
(general) discharge to honorable be reconsidered.
His records be corrected to reflect entitlement to the Combat Readiness
Medal (CRM) and the Basic Military Training Honor Graduate Ribbon (BMTHGR).
APPLICANT CONTENDS THAT:
Upon graduation from Basic Military Training (BMT) in October 1988, he was
awarded the BMTHGR. He was assigned to the 401st Supply Squadron at
Torrejon AB, Spain, when the unit (and he believes the entire 401st
Tactical Fighter Wing) was awarded the CRM on or about November/December
1989. Individual medals/ribbons were distributed to personnel in the unit
and he wore the CRM the remaining days of his AF service. However, when he
contacted the Air Force Personnel Center (AFPC) and the Veterans
Administration (VA), no record could be located to verify either award, and
he hopes his credibility and accomplishments since leaving the AF will be
weighed in reaching a decision.
In November 2006, he enlisted in the Massachusetts Army National Guard
(MAARNG) for one year, and he plans to serve another six years upon
completion of his enlistment. A correction of his USAF discharge will
demonstrate that he has turned his life around and that he is someone who
merits consideration for future enlistment and career advancement with the
ARNG. He is determined to pursue a military career with the ARNG, and
would like to demonstrate to them that his service in the USAF was
ultimately considered honorable. Since his last application, he has
married and he and his spouse now have a daughter. Since his discharge
from USAF, he has worked for the United States Department of Commerce (1990-
1991) and for the Texas Governor’s Office (1991-1995). In 1996, he moved
to Dallas, TX, and began his academic career that ultimately concluded in
December 2005. He holds a Baccalaureate Degree in Government and Politics,
and two Master of Arts Degrees, one in Liberal Arts and the other in
Criminology and Criminal Justice. He is able to communicate in the
following foreign languages: Spanish, French, Italian, German, Russian,
Mandarin, Chinese, Korean, and Japanese. The applicant’s complete
submission is at Exhibit G.
In support of his appeal, he has provided copies of a personal statement,
documentation pertaining to his enlistment in the ARNG, his Associate of
Arts & Sciences Degree Certificate from North Lake College, a Certificate
of Training for completion of the United States Air Force (USAF) Apprentice
Inventory Management Specialist Course, his Resume, his Master of Arts in
Criminology and Criminal Justice Degree Certificate from the University of
Texas at Arlington, an updated transcript from the University of Texas at
Arlington, his Master of Liberal Arts Degree Certificate from Southern
Methodist University, his Bachelor of Arts Degree in Government and
Politics Certificate from the University of Texas at Dallas, his marriage
license, his Rites of Matrimony Certificate, his daughter’s Certificate of
Birth, a Commonwealth of Massachusetts Department of State Police Basic
Firearms Safety Certificate, and a National Rifle Association (NRA)
Certificate of Completion of the NRA Basic Pistol Course that were not
considered with his previous application.
The applicant’s complete submission, with attachments, is at Exhibit G.
STATEMENT OF FACTS:
For an accounting of the facts and circumstances surrounding the
applicant’s separation, and the rationale of the earlier decision by the
Board, see the Record of Proceedings (ROP) at Exhibit F. Also contained at
Exhibit F is the applicant’s previous DD Form 149 and attachments thereto,
and the Air Force Discharge Review Board Hearing (AFDRB) Record and
attachments thereto. On 12 April 2007, he submitted a request for
The CRM is awarded to members of the USAF and USAF Reserve, and to members
of other services after 1 August 1960, for sustained individual combat or
mission readiness or preparedness for direct weapon-system employment.
Specifically, a USAF member must complete an aggregate of 24-months of
sustained professional performance as a member of AF combat or mission-
ready units subject to combat readiness reporting, be individually
certified as combat or mission ready and have maintained individual
readiness the entire period according to major headquarters, or be subject
to an individual positional evaluation program according to a higher
headquarters standard. The term “Combat Ready” is defined as being
professionally and technically qualified in an aircraft crew position in an
aircraft that can be used in combat.
The BMTHGR is awarded to honor graduates of BMT who, after 29 July 1976,
have demonstrated excellence in all phases of academic and military
training, and is limited to the top 10 percent of the training flight.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI),
Clarksburg, WV, indicated at Exhibit H that they were unable to identify an
arrest record on the basis of the information furnished.
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial of the applicant’s request for award of the
CRM and BMTHGR.
The applicant completed 1 year, 4 months, and 16 days of active military
service before receiving a general (under honorable conditions) discharge.
To receive the CRM, he must have completed 24-months of sustained combat or
mission readiness, with no more than a 120-day calendar break. The
applicant did not provide any documentation to substantiate his claim to
being awarded the CRM, and there is no evidence to verify his entitlement
to this award in his military record.
The applicant completed 6-weeks of BMT in October 1988; however, he did not
provide the certificate to verify his entitlement to the BMTHGR and, during
this same timeframe, he received an Article 15 for, on or about 29 October
1988, impersonating an OSI Agent while assigned to the 3442nd Student
Squadron in Colorado.
The AFPC/DPSIDR evaluation is at Exhibit J.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 11
January 2008, for review and comment, within 30 days. However, as of this
date, no response has been received by this office.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
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. The
applicant did not provide any documentation to substantiate his claim to
being awarded the CRM or the BMTHGR, and there is no evidence to verify his
entitlement to these awards in his military record. We also find
insufficient evidence to warrant a recommendation that his discharge be
upgraded on the basis of clemency. We have considered the applicant's
overall quality of service, his continuous pattern of misconduct, to
include impersonating an OSI agent, which precipitated the discharge, the
rationale of earlier decisions by the AFBCMR and the AFDRB, and available
evidence related to post-service activities and accomplishments. Although
his post-service record is commendable, it does not warrant upgrading his
discharge and, on balance, we do not believe that clemency is warranted.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
THE BOARD DETERMINES THAT:
The applicant be notified that the additional 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-2005-02810
in Executive Session on 4 March 2008, under the provisions of AFI 36-2603:
Ms. James W. Russell, III, Panel Chair
Mr. Garry G. Sauner, Member
Ms. Teri G. Spoutz, Member
The following documentary evidence was considered:
Exhibit F. Record of Proceedings, dated 17 Nov 05, w/atchs.
Exhibit G. DD Form 149, dated 12 Apr 07, w/atchs.
Exhibit H. USDOJ Negative FBI Report, dated 8 Feb 08.
Exhibit I. Letter, AFBCMR, dated 26 Oct 07.
Exhibit J. Letter, AFPC/DPSIDR, dated 27 Dec 07.
Exhibit K. Letter, AFPC/MRBR, dated 11 Jan 08.
JAMES W. RUSSELL, III
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