RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01628
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty, be
corrected as follows:
1. Block 24, Character of Service - Under Honorable Conditions be
upgraded to Honorable.
2. Block 28, Narrative Reason for Separation – be left blank.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was awarded the Air Force Good Conduct Medal and the Air Force Longevity
Service Ribbon. His receipt of these awards does not reflect “apathy” or a
“defective attitude.” He was young and very immature and it took him a
long time to figure out the world did not revolve around him and his
thoughts. He deeply regrets that he wasted the opportunity a military
career would have afforded him. It was not that he did not care, there
were just a lot of things that he did not understand at that time.
He is at the point in his life where things matter. He has matured and
wants to “set things right” in his life.
In support of this application, the applicant submits his DD Form 214.
The applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 30 May 75. He was
progressively promoted to the grade of Sergeant effective and with a date
of rank of 1 Mar 79.
Between 4 Sep 79 and 4 Sep 81, the applicant committed approximately 28
disciplinary infractions involving his failure to go, absence without
leave, failure to pay just debts, writing bad checks, and failure to
support dependents. For these offenses, he received two Article 15
punishments (reduced in grade to Senior Airman 31 Oct 80; reduced in grade
to Airman First Class 29 Sep 81) and three reprimands.
The following is a resume of his Airman Performance Reports (APRs):
Close-out Date Overall Rating
30 Nov 76 7
30 Nov 77 8
21 Sep 78 8
10 Mar 79 9
10 Mar 80 9
10 Mar 81 5
1 Sep 81 8
On 5 Oct 81, his commander notified him of his intent to issue the
applicant a general discharge in accordance with Air Force Manual 39-12,
Chapter 2, paragraph 2-4c for unsuitability - apathy, defective attitude
and his inability to expend effort constructively. He acknowledged
notification of his rights and declined to submit a statement on his
behalf. A review of the discharge case file by the Staff Judge Advocate
office was found legally sufficient. On 8 Oct 81, the discharge authority
approved the applicant’s general (under honorable conditions) discharge
without probation and rehabilitation. He was discharged on 9 Oct 81 and
had served six years, four months and eight days on active duty.
In response to the Board’s request, the FBI indicated that on the basis of
the data furnished they were unable to identify with an arrest record.
On 13 Oct 09, a request for post-service information was forwarded to the
applicant for response within 30 days. To date, applicant has not provided
a response.
_________________________________________________________________
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 or his narrative reason for discharge were
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 AFBCMR BC-2009-01628 in
Executive Session on 1 December 2009, under the provisions of AFI 36-2603:
Mr. Joseph D. Yount, Panel Chair
Mr. Richard K. Hartley, Member
Ms. Patricia R. Collins, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 May 09, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 13 Oct 09, w/atch.
JOSEPH D. YOUNT
Panel Chair
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