RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03036
INDEX CODE: 110.00
DAVID B. HARRIS III COUNSEL: NONE
HEARING DESIRED: NO
______________________________________________________________
APPLICANT REQUESTS THAT:
His character of service be upgraded from general to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was unjust due to the circumstances surrounding his
assignment to Minot AFB North Dakota. Because of his race he could not
adjust to the radical change.
The applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 29 July 1974. On 14
April 1976, he was notified by his commander that he was recommending he be
discharged from the Air Force under the provisions of AFR 39-12, Separation
for Unsuitability, Misconduct, Resignation, or Request for Discharge for
the Good of the Service and Procedures for the Rehabilitation Program,
Chapter 2, for apathetic and defective attitude, behavior, and personal
abuse of drugs. The specific reasons for this action were on 20 August
1975, he was counseled for failure to maintain his dormitory room in
acceptable standards. On 26 August 1975, he received an Letter of
Admonishment (LOA) for failing to report for a military formation. On 24
August 1975, he received an Article 15 for failure to go to his appointed
place of duty at the time prescribed. On 24 February 1976 and 4 March 1976
he was apprehended for possession of marijuana, as a result he received an
Article 15. On 12 March 1976 he was counseled on the need and requirement
to keep his activities and military appearance up to acceptable standards.
On 18 March 1976, he received a Letter of Reprimand (LOR) for failing to
go to his appointed place of duty. On 5 April 1976, his room was inspected
by the base commander and found in a filthy state; as a result he received
an Article 15. On 28 April 1976, he was advised of his rights to consult
counsel, and declined to submit statements on his own behalf.
On 7 May 1976, he was discharged in the grade of airman basic. He served a
total of one year, nine months and nine days on active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on 9 November 2007, that, on the basis of data
furnished, they are unable to locate an arrest record (Exhibit C).
On 17 December 2007, a request for post-service information was forwarded
to the applicant for response within 30 days. As of this date no response
has been received (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. The Board finds no impropriety in the characterization of applicant's
discharge. It appears that responsible officials applied appropriate
standards in effecting the separation, and we do not find persuasive
evidence that pertinent regulations were violated or that applicant was not
afforded all the rights to which entitled at the time of discharge. The
applicant has not shown the characterization of the discharge was contrary
to the provisions of the governing regulation, nor has it been shown the
nature of the discharge was unduly harsh or disproportionate to the
offenses committed. Considered alone, we conclude the discharge
proceedings were proper and characterization of the discharge was
appropriate to the existing circumstances.
________________________________________________________________
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-
03036 in Executive Session on 6 February 2008, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Mary Jane Mitchell, Member
Ms. Marcy C. Puckett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 October 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Negative Reply, 9 November 2007.
Exhibit D. Letter, SAF/MRBC, dated 17 December 2007.
THOMAS S. MARKIEWICZ
Chair
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