RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03103
INDEX CODE: 110.00
COUNSEL: NOT INDICATED
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His characterization of service be upgraded from general (under honorable
conditions) to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
None
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 7 Apr 80, for a term of four
years, and served as an electrician.
On 1 Sep 82, applicant was notified of his commander's intent to recommend
him for a general (under honorable conditions) discharge for apathy,
defective attitude, or inability to expend effort constructively. The
commander stated the following reasons for the proposed discharge:
a. Counseling, dated 13 Jul 81, being late for duty
b. Counseling, dated 16 Nov 81, disorderly conduct
c. Counseling, dated 9 Dec 81, being late for duty
d. Counseling, 14 Dec 81, being late for duty
e. Letter of Reprimand, dated 22 Mar 82, being late for duty
f. Article 15, dated 24 Jun 82, for failure to go at the time
prescribed to his appointed place of duty
g. Article 15, dated 30 Aug 82, wrongful use of marijuana
He was advised of his rights in this matter, and after consulting with
counsel elected not to submit statements in his own behalf.
A legal review was conducted on 14 Sep 82, in which the staff judge
advocate recommended that he be separated with a general (under honorable
conditions) discharge characterization without probation and
rehabilitation. The discharge authority approved the discharge and on 17
Sep 82, applicant was discharged in the grade of airman basic (E-1) for
Unsuitability – Apathy, Defective Attitude, IAW AFM 39-12, Enlisted
Personnel, Separation for unsuitability; Misconduct, Personal Abuse of
Drugs; Resignation or Request for Discharge for the Good of the Service;
and Procedures for the Rehabilitation Program, Chapter 2, Section A,
Paragraph 2-4c. He was given a general (under honorable conditions)
discharge characterization, and an RE Code of 2B, “Separated with a General
or UOTHC Discharge”, which bars immediate reenlistment. He served a total
of 2 years, five months, and 11 days active duty 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 15
Jan 08, a copy of the FBI report was forwarded to the applicant for review
and comment within 30 days, 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
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 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-2007-03103
in Executive Session on 4 Mar 08, under the provisions of AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Ms. Teri G. Spoutz, Member
Mr. Garry G. Sauner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Sep 07, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 22 Oct 07.
JAMES W. RUSSELL III
Panel Chair
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