RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02676
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Narrative Reason  for  Separation  of  “Involuntary  Discharge:
Substandard Performance of Duty” and the  corresponding  Separation
Program Designator (SPD) code of “GHK”  be  changed  to  “Voluntary
Separation.”

___________________________________________________________________

APPLICANT CONTENDS THAT:

In 1990, while deployed to a Saudi desert location, he was  accused
of disobeying a direct order by failing to report  to  the  Brigade
Headquarters  for  a  night-time  meeting  with   his   Air   Force
commanders.  However, the United States Central  Command  (CENTCOM)
rules-of-engagement in effect at  the  time  restricted  travel  to
convoys of two or more vehicles after dark.   The  Air  Force  unit
only had one Humvee and the Army Battalion commander  that  he  was
attached to would not release any others.  As a result, he  had  to
wait until midnight when the battalion was on maneuvers  before  he
could reach his brigade headquarters.  Once  there,  he  found  his
superiors asleep and the next day  he  was  accused  of  disobeying
their orders.

He requests this change so that he can reenlist.  He would like  to
do his part in the War on Terror to help bring the  conflict  to  a
close.  He also wants a chance to clear his name and prove  to  his
country that his commission was not wrong.

The applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The  applicant  was  commissioned  and  entered  active   duty   on
22 April 1983.  He served as an A-10  fighter  pilot,  forward  air
controller and was progressively promoted to the grade  of  captain
with an effective date of 22 April 1987.

On 15 November 1991, the wing commander initiated discharge  action
against the applicant for substandard  duty  performance,  and  the
commission  of  serious  acts  of   misconduct   and   professional
dereliction which compromised his  ability  to  hold  positions  of
trust and to assume continuing  leadership  responsibilities.   The
specific reasons for the proposed action were based on his  actions
between 15 December 1989 and 14 December 1990, where  he  performed
below expected standards in leadership  skills  and  judgment.   He
disobeyed directives  and  guidance  and  continually  displayed  a
severe   lack   of   professionalism.    In    addition,    between
20 October 1990 and 12 August 1991, he committed  several  acts  of
misconduct  and  professional  dereliction,  including  flying   in
restricted airspace, failing to  report  for  a  scheduled  sortie,
failing  to  attend  scheduled  meetings,  disobeying  orders,  for
charging a personal call between Saudi Arabia and the US,  and  for
using profane language.

On 2 January 1992, the applicant  was  notified  of  the  discharge
action against him under AFR 36-2 and of his  requirement  to  show
cause for retention on active duty.  He was advised that the  least
favorable service characterization which could be approved  was  an
under  other  than  honorable  conditions  (UOTHC)  discharge.   On
17 April 1992, the commander amended the Notification of  Discharge
Action under AFR 36-2 letter,  dated  2 January  1992,  to  include
additional “Statement of Reasons.”   The  Board  of  Inquiry  (BOI)
recommended the  applicant’s  discharge  from  the  Air  Force  for
failure to  properly  discharge  duties  equal  to  his  grade  and
experience and  for  a  downward  trend  in  his  duty  performance
resulting in an unacceptable record of effectiveness under  AFR 36-
2, with an honorable discharge.

The applicant acknowledged receipt of the BOI proceedings and after
consulting with counsel, he submitted a response to the  BOI.   The
ACC/CS supported the  findings  of  the  BOI  and  recommended  the
applicant be discharged with an honorable discharge.  The case  was
reviewed by all appropriate legal agencies to include HQ AFLSA/JAJM
and forwarded to the Secretary of the Air Force  Personnel  Council
(SAF/PC).  SAF/PC directed the applicant  be  removed  from  active
duty with an honorable discharge.

On 9 November 1992, the applicant was honorably discharged from all
appointments under the provisions of AFR 36-12,  with  a  narrative
reason  for  separation  of  Involuntary   Discharge;   Substandard
Performance of Duty and a corresponding SPD code of “GHK.”

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOS recommends denial.  The  applicant’s  allegation  was
heard by the board members as indicated in the BOI proceedings  and
it would be inappropriate to substitute DPSOS’s judgment  for  that
of the board members.

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  and  was  within  the
discretion of the  discharge  authority.   The  applicant  did  not
submit any evidence or identify any errors  or  injustices  in  the
discharge processing, nor did he provide  any  facts  warranting  a
change  to  his  separation  code  or  his  narrative  reason   for
separation.

The  HQ  AFPC/DPSOS’s  complete  copy  of  the   evaluation,   with
attachments, is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 5 September 2008 for review and comment within 30 days.   As  of
this  date,  no  response  has  been  received   by   this   office
(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.  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
warranting  corrective  action.   The  applicant  has  provided  no
evidence which would lead us  to  believe  his  separation  or  his
narrative  reason  for  separation  of  involuntary  discharge  for
substandard performance of duty was improper  or  contrary  to  the
provisions of the governing directives.  In view of the above,  and
in the absence of evidence to the contrary, we  find  no  basis  to
recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issue   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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-2008-02676 in Executive Session  on  23  June  2009,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Joseph D. Yount, Member
      Ms. Debra M. Czajkowski, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Jul 08.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOS, dated 15 Aug 08, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Sep 08.



                                             THOMAS S. MARKIEWICZ
                                             Chair