RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00219
INDEX CODE: 110.00; 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The narrative reason for separation - “Unsuitable Apathy Defective
Attitude” and the separation code of SPD-JMJ be removed from his DD Form
214, Certificate of Release or Discharge from Active Duty.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His DD Form 214 unfairly portrays him as defective in personality,
character and unmotivated to proudly serve in the military.
In support of his request, the applicant submits a copy of his DD Form 214
and several character reference letters.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 1 Dec 78.
On 9 Apr 80, the applicant’s commander notified the applicant that she was
recommending the applicant be separated from the Air Force under the
provisions of AFM 39-12, Separation for Unsuitability, Misconduct, Personal
Abuse of Drugs; Resignation or Request for Discharge for the Good of the
Service; and Procedures for the Rehabilitation Program, Chapter 2, Section
A, paragraph 2-4c, for apathy and defective attitude. Her reasons were as
follows:
1) Between Jan 80 and Feb 80, the applicant received five (5)
Letters of Reprimand (LOR); two for failure to meet standards; two for
failure to attend standboard evaluations; and one for sleeping on duty.
2) On 9 Jan 80, he was placed on the Control Roster for failure to
report to duty on time.
3) On 17 Jan 80, he received an Article 15 for being Absent Without
Leave (AWOL) from 14 to 16 Jan 80. He received a suspended reduction to
airman and was ordered to forfeit $50 per months for two months.
The applicant acknowledged receipt of the notification and, after
consulting military legal counsel, submitted a statement in his own behalf.
The commander thereafter initiated a recommendation for the applicant’s
separation. The Deputy and Staff Judge Advocate found the case legally
sufficient and recommended the applicant’s discharge without probation and
rehabilitation. The discharge authority approved the recommended discharge
and directed the applicant be issued an Honorable Discharge Certificate.
The applicant was discharged on 16 May 80. He served 1 year, 5 months and
13 days on active duty.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial. DPSOS states the applicant’s petition is
untimely. DPSOS notes it has been more than 30 years since his discharge
from the Air Force and he does not explain why he did not address the
alleged error or injustice within three years of his discharge.
DPSOS states no errors or injustices in the processing of the discharge
action were found. Based on the documentation on file in the master
personnel record, the discharge to include the characterization of service
was consistent with the procedural and substantive requirements of the
discharge instruction and was within the discretion of the discharge
authority. In addition, the applicant did not submit any evidence or
identify any errors or injustices that occurred in the discharge process.
The complete DPSOS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 1 Oct
10, for review and comment within 30 days. As of this date, this office
has received no response (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 agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice. Therefore,
in the absence of evidence to the contrary, we find no basis to recommend
granting the relief sought in this application. However, should the
applicant provide additional information (i.e., character reference
letters, community involvement, etc.) to show he has experienced successful
post-service since his discharge from service, we would be willing to
reconsider his request.
_______________________________________________________________
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 this application in Executive
Session on 9 Nov 10, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered in BC-2010-00219:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOS, dated 8 Sep 10.
Exhibit D. Letter, SAF/MRBR, dated 1 Oct 10.
JANET I. HASSAN
Panel Chair
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