RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02510
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did everything he was asked or told to do. He was not
permitted to leave the base for an entire year due to racial
tension.
He got into trouble once for coming to work with the smell of
alcohol on his breath. He was given a three-day detail; however,
three weeks later he was discharged.
The murder of a staff sergeant caused him to be miserable, walk
around in shock for some time, and eventually led to his
drinking. After the incident, he was afraid it could happen to
him.
He never had any trouble prior to his alcohol problem. He was
not given an opportunity to complete rehabilitation.
In support of his request, the applicant provides personal
statements.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 20 May 87.
On 31 Mar 88, the applicants commander notified him of pending
discharge action. Specifically, the commander cited Failure in
the Alcohol Abuse Program as the basis for discharge. Records
reveal the applicant was counseled and reprimanded on several
occasions for alcohol abuse.
The applicant consulted counsel, submitted statements in his own
behalf, and requested probation and rehabilitation. On
26 Apr 88, the staff judge advocate found the case legally
sufficient and recommended discharge without rehabilitation and
probation.
On 27 Apr 88, the discharge authority directed the applicant be
discharged with a general (under honorable conditions)
discharge. The applicant was discharged on 4 May 88 and is
credited with 1 year, 1 month, and 15 days of active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation provided an investigative report which is at
Exhibit C. A copy of the report and a request for post-service
information was forwarded to the applicant on 7 Sep 10 for
review and comment within 30 days (Exhibit D).
In response to the Boards request, the applicant states that
after leaving the military he worked in a state hospital as a
mental health worker for several years until he decided to begin
a four-year apprenticeship to become a sheet metal worker
journeyman. He received his journeymans license in 1997 and
worked successfully until 2004.
In 2007, he discovered he had a daughter and has recently become
a grandfather. He wants to further his education, to be a
better person, and help raise his granddaughter and be the
father that he was never able to be.
He is currently in a veterans treatment program which is
helping him deal with issues of the past and to be successful in
the future.
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 an error or an injustice. After
careful consideration of the available evidence, we found no
indication that the actions taken to effect his discharge were
improper or contrary to the provisions of the governing
regulations in effect at the time. Additionally, in view of the
contents of the FBI Identification Record, we are not persuaded
that the characterization of the applicants discharge warrants
an upgrade to honorable on the basis of clemency. Having found
no error or injustice with regard to the actions that occurred
while the applicant was a military member, we conclude that no
basis exists to grant favorable action on his request.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
_________________________________________________________________
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 Docket Number BC-
2010-02510 in Executive Session on 14 October 2010, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Jul 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 7 Sep 10, w/atchs.
Exhibit E. Letter, Applicant, dated 27 Sep 10.
Panel Chair
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