RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01894
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was in the Air Force for four months shy of his term and does
not believe the incidents leading up to his discharge were
conducive of anything less than an honorable discharge. The
officer he worked with was a very difficult person and chastised
all of her workers. He was given reprimands just because she
disliked him. He suffered a bad head injury while on Tinker Air
Force Base which caused a lot of trauma and affected his duties.
After his discharge, he discovered he suffered from manic
depression bipolar and it affected his actions and behavior. He
has been diagnosed with severe sleep apnea and his doctor can
verify his mental status. He has not had any alcohol in over 20
years. He also received a Bachelor of Science in Mechanical
Engineering from Drexel University.
In support of his request, the applicant provides a personal
statement, copies of his DD Form 214, Certificate of Release or
Discharge from Active Duty; VA Form 21-4138, Statement in Support
of Claim; VA Form 21-4142, Authorization and Consent to Release
Information to the Department of Veterans Affairs and extracts
from his military personnel records.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 14 May 1979, the applicant enlisted in the Regular Air Force
and was progressively promoted to the grade of senior airman.
On 18 January 1983, the applicant was notified by his commander
that he was recommending he be discharged from the Air Force
under the provisions of AFR 39-10, Administration Separation of
Airmen, for a pattern of misconduct; conduct prejudicial to good
order and discipline. The specific reasons for this action were:
1) He was placed in the Drug/Alcohol Rehabilitation Program; 2)
He received traffic tickets for speeding and failing to have a
drivers license in his possession; 3) He received a ticket for
illegal parking; 4) He was incarcerated in the Cleveland County
Jail and charged with assault and battery on a minor; 4) He
received a Letter of Reprimand for violation of a direct order,
which also established an Unfavorable Information File (UIF); 5)
He received two Article 15s for being disrespectful toward his
superior commissioned officer, disobeying a lawful command,
assault and drunk and disorderly on station.
The applicant acknowledged receipt of the notification of
discharge, received advice from a military defense attorney and
provided statements in his own behalf. On 28 January 1983, the
discharge authority determined that a general discharge was
appropriate in light of the applicants overall military record.
On 31 January 1983, the applicant was discharged with a general
discharge after completing a period of 3 years, 8 months and
17 days total active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report (Exhibit C).
On 19 January 2011, the FBI investigation and a request for post-
service information were forwarded to the applicant for response
within 30 days. As of this date, no response has been received
by this office (Exhibit D).
The applicant reviewed the FBI investigation and states he
received a DUI after his discharge from the military. In
response to the post-service request, the applicant states he has
taken many courses on computer systems and software. He has given
up alcohol and during the first ten years of his sobriety, he
helped other alcoholics and addicts.
The applicants complete response is at Exhibit E.
_________________________________________________________________
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. The discharge
appears to be in compliance with the governing directives and we
find no evidence to indicate that his separation from the Air
Force was inappropriate. We find no evidence of error in this
case and after thoroughly reviewing the documentation that has
been submitted in support of the applicant's appeal, we do not
believe he has suffered from an injustice. In addition, based on
his overall record of service and limited documentation related
to his post-service activities and accomplishments, we are not
persuaded that an upgrade of the characterization of his
discharge on the basis of clemency is warranted.
________________________________________________________________
THE BOARD DETERMINED 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-2010-01894 in Executive Session on 24 February 2011,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 May 2010, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 18 Aug 10.
Exhibit D. Letter, AFBCMR, dated 19 Jan 11.
Exhibit E. Applicant's Response, undated.
Panel Chair
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