RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02510
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He received an Article 15 for underage drinking.
In support of his request, the applicant provides a copy of his
DD Form 2697, Report of Medical Assessment, and a copy of AF Form
356, Findings and Recommended Disposition of USAF Physical
Evaluation Board.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 12 May 09.
His commander recommended him for discharge under the provisions
of AFPD 36-32 and AFI 36-3208, paragraph 5-49 for failing to
refrain from consuming alcoholic beverages while under the legal
drinking age of 21, departing his appointed place of duty without
authority, failing to wear the appropriate uniform while in phase
1, and for being arrested for speeding and careless and reckless
endangerment. He received Article 15s and a Letter of Reprimand
for these actions. After a legal review of the case file, the
staff judge advocate approved the findings of the discharge
board. The applicants commander approved the recommendation of
the discharge board on 7 Oct 10.
On 7 Mar 11, a Dual Action review was conducted by the Secretary
of the Air Force Personnel Council (SAFPC). SAFPC reviewed the
applicants discharge for Minor Disciplinary Infractions as well
as his Disability Evaluation System case IAW the governing
regulations. After reviewing all available facts and evidence,
SAFPC determined there was no causal relationship between the
members medical condition and his misconduct, and there were
insufficient mitigating factors to disregard the disciplinary
action. Therefore, SAFPC determined that execution of the
previously approved AFI 36-3208 action was appropriate. The
applicant received a general discharge on 16 Mar 11 after serving
1 year, 10 months, and 5 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. Based on the applicants overall
performance, the discharge authority approved a general
discharge. According to the governing AFIs, a general discharge
is appropriate when the significant negative aspects of the
airmans conduct or performance of duty outweighs positive
aspects of the airmans military record. In this case, the
applicants misconduct clearly outweighed the positive aspects of
his service. DPSOS states the applicant demonstrated a lack of
respect for authority and a total disregard for policies and
procedures throughout his active duty tour. The applicant does
not provide any evidence of an error or injustice that occurred
in the discharge processing. The discharge was consistent with
procedural and substantive requirements of the discharge
instruction, and was within the discharge authoritys discretion.
The DPSOS complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 28 Oct 11 for review and comment within 30 days. As of this
date, this office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice. After
careful consideration of the available evidence, we found no
indication the actions taken to effect his discharge were
improper or contrary to the provisions of the governing
regulations in effect at the time, or the actions taken against
the applicant were based on factors other than his own
misconduct. 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.
_________________________________________________________________
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-2011-02510 in Executive Session on 29 Nov 11, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 27 Sep 11.
Exhibit D. Letter, SAF/MRBR, dated 28 Oct 11.
Panel Chair
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