RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-02600
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
It is unclear what the applicant is requesting; however, it appears he is
requesting his general (under honorable conditions) discharge be upgraded
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His DD Form 214, Certificate of Release or Separation from Active Duty
Military Service, was corrected to include his missing decorations.
He served his first tour with all his heart and reenlisted. He would like
his Airman Performance Reports (APRs) and decorations to be reviewed and
considered as support of his request.
In support of this application, the applicant submits copies of his APRs.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force in the grade of airman
basic on 4 Mar 83 for a period of 4 years. He was progressively promoted
to the grade of sergeant with an effective date and date of rank of 1 Mar
87.
He received overall ratings of nine (9) on all APRs he received during his
time in service.
On 12 May 88, his commander notified him that he was recommending his
separation from the Air Force under the provisions of AFR 39-10, para 5-
49d, for the commission of a serious offense. His specific reason was that
on or about 30 Apr 88, while stationed in Germany, the applicant operated a
passenger car while drunk. The applicant was advised of his rights,
acknowledged receipt of the notification and submitted a statement on his
own behalf. A review of the case by the Staff Judge Advocate office was
found legally sufficient. On 13 Jun 88, the discharge authority approved
the applicant’s general (under honorable conditions) discharge without
probation and rehabilitation. He was discharged on 21 Jun 88; he served 5
years, 9 months and 11 days on active duty.
On 2 Oct 92, the Air Force Discharge Review Board (AFDRB) denied a similar
request by the applicant. The AFDRB concluded the discharge was consistent
with the procedural and substantive requirements of the discharge
regulation, was within the discretion of the discharge authority and that
the applicant was provided full administrative due process. In addition,
the AFDRB found no legal or equitable basis for upgrade of the applicant’s
discharge.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an Investigative Report, which is at Exhibit C. On 29
Sep 09, a copy of the FBI report and request for post-service information
was forwarded to the applicant 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 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 was contrary to the provisions of the
governing regulation, unduly harsh, or disproportionate to the offenses
committed. In addition, in view of the contents of the FBI Identification
Record we are not persuaded that the characterization of the applicant’s
discharge warrants an upgrade on the basis of clemency. Therefore, in the
absence of evidence to the contrary, we find no basis upon which to
recommend granting the relief it appears the applicant is seeking.
_________________________________________________________________
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-2009-02600 in
Executive Session on 17 Nov 2009, under the provisions of AFI 36-2603:
Mrs. Barbara A. Westgate, Panel Chair
Mr. Dick Anderegg, Member
Mr. Noble K. Eden, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Jul 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR dated 29 Sep 09.
BARBARA A. WESTGATE
Panel Chair
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