RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01168
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was unjustly accused of forgery.
He is trying to get Department of Veterans Administration (DVA)
benefits.
In support of his request, applicant provided a copy of his DD
Form 214, Certificate of Release or Discharge from Active Duty.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 3 Apr 86 and was
progressively promoted to the grade of airman first class.
On 8 Feb 88, the applicant was notified by his squadron commander
that he was recommending he be discharged from the Air Force for
a pattern of misconduct, conduct prejudicial to good order and
discipline. His commander recommended a general discharge. The
reasons for the action were: 1) On 4 Dec 87, applicant received
a Letter of Counseling (LOC) for failure to perform his assigned
duties properly; 2) On 8 Dec 87, applicant received a Letter of
Reprimand (LOR) for being absent without authority (AWOL); 3) On
21 Dec 87, applicant received a LOC for failure to report for
duty on time; and 4) On 23 Dec 87, applicant received an Article
15 for willfully and unlawfully altering a public record, his
Airman Performance Report (APR) dated 28 Sep 87, and did on or
about 28 Sep 87 willfully and unlawfully alter a public record,
his On-the-Job Training (OJT) Record. Punishment consisted of a
suspended reduction to the grade of airman, and forfeiture of
$50.00 pay.
On 8 Feb 88, the applicant acknowledged receipt of the
notification of discharge and, after consulting with counsel,
submitted a statement in his own behalf.
The Staff Judge Advocate found the case file legally sufficient
to support the discharge and the discharge authority approved a
general discharge without probation and rehabilitation. The
applicant was discharged on 18 Feb 88, in the grade of airman
first class, under the provisions of AFR 39-10, by reason of
misconduct-pattern prejudicial to good order and discipline. He
served on active duty for two years, two months, and three days.
On 10 Sep 90, the applicant appeared before the Air Force
Discharge Review Board (AFDRB) requesting his general discharge
be upgraded to honorable. After review of the evidence of
record, the AFDRB concluded the discharge was consistent with the
procedural and substantive requirements of the discharge
regulation and was within the discretion of the discharge
authority, and that the applicant was provided full
administrative due process. The AFDRB denied the applicants
request for an upgrade of his discharge. A copy of the AFDRB
Hearing Record is attached at Exhibit B.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. On 8 May 09, a copy of the FBI report was
forwarded to the applicant for review and comment within 30 days.
At the same time the AFBCMR staff offered the applicant an
opportunity to provide information pertaining to his activities
since leaving the service (Exhibit D). 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, 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-2009-01168 in Executive Session on 17 Jun 09, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, II, Member
The following documentary evidence pertaining to Docket Number
BC-2009-01168 was considered:
Exhibit A. DD Form 149, dated 26 Mar 09, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFBCMR, dated 8 May 09.
Panel Chair
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