RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02935
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation (Misconduct – Pattern Conduct
Prejudicial to Good Order and Discipline) be removed from his DD Form 214,
Certificate of Release or Discharge from Active Duty.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His narrative reason for separation is undeserved due to alcohol addiction.
He was in active rehabilitation at the time period in question.
In support of his request, the applicant provided a copy of his DD Form 214
and character references.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 13 May 1981 in the grade of
airman basic. He was progressively promoted to the grade of airman first
class having assumed that grade effective 13 May 1982. On 21 April 1983,
applicant was notified by his commander of his intent to recommend that he
be discharged from the Air Force under the provisions of AFR 39-10,
paragraph 5-47b. The specific reasons for this action were as follows:
a. On 3 October 1981, applicant received nonjudicial punishment
under Article 15 of the Uniform Code of Military Justice (UCMJ) for
damaging military property by kicking the doors of Rooms 335 and 337,
Building 7103. His punishment consisted of a forfeiture of $116.00 of pay.
b. On 21 January 1982, applicant received a Letter of Reprimand
(LOR) for reporting for duty under the influence of alcohol.
c. On 22 March 1983, applicant received an LOR for wrongful
possession of a quantity of marijuana.
d. On 28 March 1983, applicant received an LOR for being
identified through urinalysis testing as a user of cannabis.
e. On 31 March 1983, applicant received an LOR for failure to go
at the time prescribed to his appointed place of duty.
f. On 4 April 1983, applicant received nonjudicial punishment
under Article 15, Uniform Code of Military Justice (UCMJ), for failure to
go at the time prescribed to his appointed place of duty. His punishment
consisted of a reduction in grade to airman and forfeiture of $150.00 of
his pay.
He was advised of his rights in this matter and acknowledged receipt of the
notification on that same date. The applicant waived his right to consult
counsel and elected not to submit statements in his own behalf. In a legal
review of the case file, the acting staff judge advocate found the case
legally sufficient and recommended that he be discharged. On 5 May 1983,
the discharge authority concurred with the recommendations and directed
that he be discharged with a general discharge, without probation and
rehabilitation. Applicant was discharged on 6 May 1983. He served 1 year,
11 months and 24 days on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, were unable to identify with an arrest record on
the basis of information furnished (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states based on the documentation on
file in the master personnel records, the discharge was consistent with the
procedural and substantive requirements of the discharge regulation. The
discharge was within the discretion of the discharge authority. Applicant
did not submit any evidence or identify any errors or injustices that
occurred in the discharge processing. He provided no facts warranting
removal of the narrative reason for separation.
The DPSOS complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 2 November 2007, the evaluation was forwarded to the applicant for
review and comment within 30 days (Exhibit E). As of this date, this
office has received no 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 an error or injustice. After a thorough review of the
evidence of record and the applicant’s submission, it is our opinion that
given the circumstances surrounding his separation from the Air Force, the
narrative reason for separation assigned was proper and in compliance with
the appropriate directives. Therefore, we agree with the 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. In the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or injustice; the application was denied without a
personal appearance; and 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-
02935 in Executive Session on 3 January 2008, under the provisions of AFI
36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Joseph D. Yount, Member
Ms. Teri G. Spoutz, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 August 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Negative FBI Report, dated 1 November 2007.
Exhibit D. Letter, AFPC/DPSOS, dated 19 October 2007.
Exhibit E. Letter, SAF/MRBR, dated 2 November 2007.
MICHAEL K. GALLOGLY
Panel Chair
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