RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-02491
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was unjust because he was only offered disciplinary action or
separation. His evaluations were excellent and he accepted the discharge
as a way out because transfer was not an option.
He worked as an aircraft mechanic on B-52H model aircraft and lived in the
dorm. He was disciplined several times for being late even after
purchasing several alarm clocks and setting them all. He later found out
another airman was shutting off the circuit breaker to his room. When he
tried to explain this to his supervisor, it was not received. His
supervisor repeatedly reprimanded his subordinates but he himself was
subsequently disciplined and reduced in rank.
In support of this application, the applicant submits his personal
statement.
The applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 Dec 85, the applicant enlisted in the Regular Air Force for a period
of six years. He was progressively promoted to the grade of senior airman,
with a date of rank of 30 May 88.
Between Apr 86 and Jan 90, the applicant received five (5) Letters of
Reprimand and fifteen (15) Letters of Counseling.
On 6 Sep 90, his commander notified him that he was recommending his
separation from the Air Force under the provisions of AFR 39-10, para 5-46,
for minor disciplinary infractions. A review of the discharge case file by
the Staff Judge Advocate was found legally sufficient. On 13 Feb 90, the
discharge authority approved the applicant’s general (under honorable
conditions) discharge without probation and rehabilitation. He was
discharged on 16 Feb 90, and had served four years, two months and four
days on active duty.
A resume of his Airman Performance Reports/Enlisted Performance Reports
follows:
Close-Out Date Overall Rating
12 Dec 86 9
12 Dec 87 9
12 Dec 88 9
12 Dec 89 2
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 1 Dec 09, a request for post-service information was forwarded to the
applicant for response within 30 days. To date, no response has been
received.
_________________________________________________________________
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. 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-2009-02491 in
Executive Session on 12 Jan 10, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Jul 09 w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 1 Dec 09, w/atch.
Panel Chair
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