RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02466
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His general (under honorable conditions) discharge be
upgraded to honorable.
2. His narrative reason for separation of Misconduct (Minor
Infractions) and separation code of JKN be changed.
3. His reentry (RE) code of 2B, which denotes separated with a
general or under-other-than-honorable-conditions (UOTHC)
discharge be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. He was discharged early because of three minor disciplinary
infractions that occurred during the period Mar 03 to Mar 05.
2. He made mistakes throughout his short military career; he has
always been an honest person, and is still uneasy about the
events that led to his discharge.
His punishment was severe; he often wonders how things would
have turned out if he had opted for a court-martial. Accepting
non-judicial punishment seemed like the best thing to do but
certainly not the fairest. He misses the opportunity to have
served his country.
Since leaving the military he has attended the Ohio State Police
and Corrections Academy; worked for the Trumball County Sheriff
Department as a corrections officer, served one year as a
reserve deputy sheriff, and was recently hired on at the Kinsman
Township as a patrolman. He has been married for over seven
years and has two children.
In support of his request, the applicant provides copies of a
personal statement and a congressional inquiry.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 Aug 02, the applicant entered the Regular Air Force.
On 14 Dec 05, the applicant was notified of his commanders
intent to recommend he be discharged from the Air Force under
the provisions of AFPD 36-32, Air Force Military Training and
AFI 36-3208, Administrative Separation of Airmen, for
Misconduct: Minor Disciplinary Infractions. The specific
reasons for the proposed action were:
1) Between May 03 to Dec 05, the applicant received three
Article 15s, Uniform Code of Military Justice (UCMJ), one for
stealing property of the United States Air Force, one for being
derelict in the performance of his duties, and one for exposing
his genitalia in public.
2) On 16 Jun 03, the applicant failed to show for a mandatory
appointment. For this misconduct, he received a letter of
counseling (LOC).
On 15 Dec 05, the applicant acknowledged receipt of the
notification of discharge and after consulting with counsel,
submitted a statement in his own behalf.
The Acting Staff Judge Advocate reviewed the case and found it
legally sufficient to support separation and recommended that he
receive a general discharge without probation and
rehabilitation.
On 29 Dec 05, the discharge authority approved the applicants
discharge under the provisions of AFI 36-3208. On 12 Jan 06,
the applicant was discharged from the Air Force with a general
(under honorable conditions) discharge without the opportunity
for probation and rehabilitation in the grade of airman first
class. He served three years and five months of total active
service.
On 7 Dec 10, the Air Force Discharge Review Board (AFDRB) denied
the applicants request for upgrade of his general (under
honorable conditions) discharge to honorable.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial. Based on the documentation on
file in the master personnel records, the applicants discharge
to include his characterization of service and narrative reason
for separation was consistent with the procedural and
substantive requirements of the discharge instruction and was
within the discretion of the discharge authority.
The complete DPSOS evaluation is at Exhibit C.
HQ AFPC/DPSOA recommends denial. RE Code 2B, is required per
AFI 36-2606, Reenlistments in the United States Air Force, based
on his involuntary discharge with general (under honorable
conditions) character of service. In addition, the applicant
did not provide any proof of an error or injustice in reference
to his RE code.
The complete DPSOA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 4 Nov 11 for review and comment within 30 days
(Exhibit E). As of this date, this office has not received a
response.
_________________________________________________________________
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 opinions and recommendations
of the Air Force offices of primary responsibility and adopt their
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice. In addition, we find
insufficient evidence to warrant a recommendation that the
discharge be upgraded on the basis of clemency. Therefore, in the
absence of evidence to the contrary, we find no basis to recommend
granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
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-
2011-02466 in Executive Session on 26 Jan 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 May 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. HQ AFPC/DPSOS, Letter, dated 19 Sep 11.
Exhibit D. HQ AFPC/DPSOA, Letter, dated 21 Oct 11.
Exhibit E. SAF/MRBR, Letter, dated 4 Nov 11.
Panel Chair
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