RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02819
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The mistakes he made were because he was young. He needs a fresh
start in his life and asks that the Board give him a second chance.
In support of his appeal, the applicant provides an expanded statement
and a copy of his separation document.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 9 Jan 84.
On 1 Dec 86, he was notified of his commander’s intent to recommend
his discharge for a pattern of misconduct. The reasons for this
action were:
a. On six (6) separate occasions he, without authority, failed
to either go to work at the appointed time or went from his appointed
place of duty. These incidents occurred between 3 Jul 85 and 18 Nov
86, for which he was counseled.
b. On 31 Dec 85 and 6 Jan 86, he, without authority, failed to
go at the time prescribed to his appointed place of duty, for which he
received nonjudicial punishment.
c. On 7 Aug 86 to 10 Aug 86, he was derelict in the performance
of his duties in that he failed to take meter readings at Pump House
2696, as it was his duty to do, for which he was counseled.
d. Between 19 Apr 85 and 30 Jun 86, he wrote five (5) bad
checks, for which he received three (3) letters of counseling.
e. On 8 Jan 86, he failed to display a proper vehicle
registration, for which he received a traffic ticket and was counseled
by his first sergeant.
f. On 2 Oct 84, during an open ranks inspection, he was found
in violation of AFR 35-10 in that his stripes were attached improperly
and his shoes were totally unserviceable, for which he received a
Letter of Reprimand (LOR).
g. On 22 Mar 84, he failed to follow a written order of the
3776 Student Squadron in that he failed to properly secure his
personal valuables in his barracks room, for which he received an LOR.
The applicant was advised of his rights in the matter and that a
general discharge would be recommended.
On 21 Feb 73, the applicant waived his right to a hearing before an
administrative discharge board and submitted statements in his own
behalf.
In a legal review of the discharge case file, on 3 Dec 86, the Staff
Judge Advocate found the file was legally sufficient and recommended
the applicant be furnished a general discharge.
On 8 Dec 86, the discharge authority directed the applicant be given a
general discharge.
Applicant was discharged on 10 Dec 86 under the provisions of AFM 39-
10 (Misconduct – Pattern of Discreditable Involvement with Military or
Civilian Authorities) and furnished a general discharge. He was
credited with 2 years, 11 months, and 2 days of total active service.
Pursuant to the Board’s request, the Federal Bureau of Investigation
(FBI) provided a copy of an Investigative Report, which is at Exhibit
C.
On 13 Feb 08, a copy of the FBI report were forwarded to the applicant
for review and response within 30 days. As of this date, no response
has been received by this office (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 find no evidence which would
lead us to believe the applicant’s discharge for misconduct based on a
pattern of discreditable involvement with military or civilian
authorities was improper or contrary to the governing directive under
which it was effected. Therefore, in the absence of sufficient
evidence to the contrary, we conclude the applicant has failed to
sustain his burden of establishing that he has suffered either an
error or an injustice. Accordingly, 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 AFBCMR Docket Number BC-
2007-02819 in Executive Session on 26 Mar 08, under the provisions of
AFI 36-2603:
Mr. Michael J. Maglio, Panel Chair
Mr. Richard K. Hartley, Member
Mr. Elwood C. Lewis III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Aug 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 13 Feb 08.
MICHAEL J. MAGLIO
Panel Chair
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