RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00961
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable to allow him to be reinstated in the Air Force.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The discharge he received was too harsh and based on a vendetta
against him. He would like to be reinstated in the Air Force and
allowed to serve his country again.
In support of the appeal, the applicant provides an assortment of
documentation related to his request and excerpts from his
military personnel records.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 17 May 05 for
a period of four years.
On 12 Dec 08, he was notified of his commander's intent to
recommend him for a general discharge for Misconduct Pattern of
Minor Disciplinary Infractions.
The commander stated the following reasons for the proposed
discharge:
a. Letter of Reprimand (LOR), on 4 Feb 08, for being
asleep in a parked vehicle while smelling of alcoholic beverages.
b. LOR, on 15 Aug 08, for drinking alcoholic beverages
during the training week.
c.LOR, on 23 Sep08, for disobeying a direct order.
d.LOR, on 8 Oct08, for failing to prepare his room for
inspection.
e.LOR, on 5 Dec08, for willfully violating a direct
order not to drive on Kirkland AFB, for a period of one year.
He was advised of his rights in this matterand submitted
statements in his own behalf.
The discharge case was reviewed by the base legal office and
found to be legally sufficient to support discharge and
recommended he be discharged with a general (under honorable
conditions) dischargewithout probation and rehabilitation (P&R).
The discharge authority approved the separation and directed theapplicant be discharged with a general (under honorable
conditions) dischargewithout P&R.
On 7 Jan 09 he was given a generaldischarge characterization,
and an RE Code of 2B, Separated with a General or UOTHC
Discharge, which bars immediate reenlistment. He served a totalof 3 years, 7 months, and 21days of active duty service.
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOSstates,that 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. The applicant
did not submit any evidence or identify any errors or injustices
that occurred in the discharge processing.
DPSOS indicates the applicant was provided an opportunity to
overcome his transgressions and misconduct. He was allowed to
continue his pararescue training after he was charged with an
off-base driving under the influence charge for which he receiveda deferred judgment. Despite being given this opportunity, his
misconduct did not end as he was subsequently involved in anotheralcohol related incident, which he drank alcohol in violation of
training regulations. His pattern of disregard for authority
culminated when he drove his vehicle onto the installation
against the order of the 377thMedical Services Group Commander.
2
Further, the justification the applicant submitted with his
appeal to the Board was submitted as part of the discharge
package and was made available to the discharge authority in
rendering his decision to discharge the applicant and whether P&R
was appropriate.
The complete AFPC/DPSOS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 26 Sep 09, 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. After a
thorough review of his submission and the available evidence of
record, we are not persuaded that he should be awarded the
requested relief. We took notice of the 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 expressed as the basis for
our conclusion the applicant has not been the victim of an error
or an injustice. In view of the above and in the absence of
persuasive evidence to the contrary, we find no compelling basis
to recommend granting the remaining relief sought in this
application.
________________________________________________________________
THE BOARD DETERMINES:
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-2009-00961 in Executive Session on 3 Dec 09, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Mar 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, 19 Aug 09.
Exhibit D. Letter, SAF/MRBR, 26 Sep 09.
Panel Chair
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