RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01497
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded, his
reentry (RE) code "2B" (Separated with a general or under other than
honorable conditions (UOTHC) discharge) and his narrative reason for
separation, be changed to allow him to serve in the National Guard.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The RE code he received prevents him from serving in the National
Guard as a chaplin candidate.
In support of his request, the applicant provided copy of his DD Form
214.
His complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 25 Jul 86, the applicant contracted his initial enlistment in the
Regular Air Force. He was progressively promoted to the grade of
airman first class having assumed the grade effective and with a date
of rank of 25 Nov 87.
On 2 Oct 89, the applicant’s commander notified him he was
recommending his discharge from the Air Force for misconduct. The
specific reasons for the discharge action were:
a. On 2 Oct 89, he received a Letter of Reprimand (LOR) for
driving under the influence (DUI) on 24 Sep 89 and refusing to take a
Blood Alcohol Test (BAT).
b. On 18 Aug 89, he received a Letter of Counseling (LOC)
for writing a check on an account with insufficient funds.
c. On 29 Dec 88, he received an Article 15 for grabbing and
striking another service member.
d. On 26 Oct 88, he received an LOR with an Unfavorable
Information File entry for operating a motor vehicle while
intoxicated.
His commander advised him of his rights in this matter.
He acknowledged receipt of the notification, consulted with legal
counsel and submitted statements in his own behalf.
On 3 Oct 89, the base legal office reviewed the case and found it
legally sufficient and recommended general discharge without
probation and rehabilitation.
On 9 Oct 89, the discharge authority directed discharge with a
general discharge without probation and rehabilitation. He was
discharged on 11 Oct 89. He served 3 years, 2 months and 17 days on
active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states the discharge package
clearly reflects the applicant was counseled on numerous occasions
regarding his conduct and was afforded an opportunity to meet Air
Force standards prior to the initiation of the discharge action. The
discharge and the characterization of service, was consistent with the
procedural and substantive requirements of the discharge regulation
and was within the discretion of the discharge authority. The
applicant has not provided any evidence or identified any errors or
injustices that occurred in the discharge processing. He provided no
facts warranting an upgrade to his discharge.
AFPC/DPSOS’s complete evaluation is at Exhibit C.
AFPC/DPSOA recommends denial. DPSOA states there was no evidence
found indicating an error or injustice occurred. No evidence or
documentation was provided by the applicant to warrant a change in his
RE code.
AFPC/DPSOA’s complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
8 Aug 08, for review and response 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 agree with the opinions and recommendations of the Air
Force offices of primary responsibility and adopt their rationale as
the basis for our decision that the applicant has failed to sustain
his burden of proof of the existence of either an error or an
injustice. Therefore, in the absence of evidence to the contrary, we
find no compelling basis to recommend granting the relief sought in
this application.
_________________________________________________________________
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-
2008-01497 in Executive Session on 2 Oct 08 under the provisions of
AFI 36-2603:
Mr. Alan A. Blomgren, Panel Chair
Ms. Jan Mulligan, Member
Mr. James G. Neighbors, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2008-01497 was considered:
Exhibit A. DD Form 149, dated 16 Apr 08, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 17 Jul 08.
Exhibit D. Letter, AFPC/DPSOA, dated 21 Jul 08.
Exhibit E. Letter, SAF/MRBC, dated 8 Aug 08.
ALAN A. BLOMGREN
Panel Chair
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