RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01153
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Other individuals have been awarded the same distinction six
months after their discharge.
The applicant did not provide any documentation in support of
his request.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 10 October 1980, the applicant enlisted in the Regular Air
Force.
On 14 December 1981, the applicant received a Letter of
Reprimand (LOR) for making an obscene gesture. In August 1982,
he received another LOR for failure to go. On 26 August 1982, he
received a Letter of Counseling (LOC) for dereliction of duty.
On 2 November 1982 and 20 August 1983, he received two more LOCs
for dereliction of duty and failure to go.
On 29 August 1983, the applicant received punishment under
Article 15, Uniform Code of Military Justice (UCMJ), for the
wrongful use of marijuana. He received a reduction to airman
first class and forfeiture of $100 for one month.
On 26 September 1983, the applicant was notified of his
commanders intent to recommend that he be discharged from the
Air Force under the provisions of AFR 39-10, Administrative
Separation of Airmen, for misconduct. The specific reason for
this action is conduct prejudicial to good order and discipline.
On 26 September 1983, the applicant acknowledged receipt of the
notification of discharge. On 28 September 1983, the applicant
submitted a statement on his own behalf.
On 29 September 1983, the Acting Staff Judge Advocate
recommended to the Combat Support Group Commander that the
applicant be discharged and issued a general discharge, and that
he not be offered probation and rehabilitation. On 4 October
1983, the discharge authority recommended approval of his
discharge. On 7 October 1983, the applicant was discharged from
the Air Force with a general (under honorable conditions)
discharge without probation and rehabilitation in the grade of
airman first class. He served 2 years, 11 months and 28 days of
total active service.
Pursuant to the Boards request, the Federal Bureau of
Investigations (FBI), Clarksburg, WV, provided a copy of an
Investigative Report (Exhibit C).
On 13 May 2011, a copy of the Investigative Report and a request
for post-service information were forwarded to the applicant for
response within 30 days (Exhibit D).
_________________________________________________________________
APPLICANT REVIEW OF AIR FORCE EVALUATION:
The applicant states he was a good airman who was qualified in
his Air Force Specialty Code (AFSC) as an expert marksman with
the M-16, M-60 machine gun and the 203 grenade launcher. When
his wife who was also an active duty member had an affair he
became very depressed. So instead of him seeking counseling he
started hanging out with the wrong people, drinking heavily and
smoking marijuana. He understood this lifestyle was not
conducive or acceptable with military standards, but he was
depressed.
After being discharged, he started on a path to care for and
help the people in his community. He is an active member of the
Alpha Masons and has volunteered to help with the Special
Olympics program, Habitat for Humanity. He has a 25 year history
of officiating high school and college football, high school
basketball and lacrosse. He has held many jobs and has been
gainfully employed by Product Development Corporation as a Field
Supervisor for the past three years.
The applicants complete submission 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. After careful
consideration of the available evidence, we found no indication
the actions taken to affect his discharge and the
characterization of his service were improper, contrary to the
provisions of the governing regulations in effect at the time,
or based on factors other than his own behavior and inability to
comply with standards. In addition, we find insufficient
evidence to warrant a recommendation that the discharge be
upgraded on the basis of clemency. We have considered the
applicants overall record of service, the events which
precipitated the discharge, the contents of the FBI report and
the limited documentation related to his post-service activities
and accomplishments, 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 Docket
Number BC-2011-01153 in Executive Session on 21 June 2011, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 March 2011.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigation, dated 27 April 2011.
Exhibit D. SAF/MRBC, Letter, dated 13 May 2011.
Exhibit E. Letter, Applicant, undated, w/atchs.
Panel Chair
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