RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02760
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He served in the US Air Force for seventeen months and did not
use sound judgment on two occasions and fell guilty to underage
drinking.
The incidences occurred when he was young and he has learned his
lesson. He apologizes for his inappropriate actions and behavior
and would greatly appreciate reconsideration of his case.
He is proudly serving as a supply specialist in the Army
National Guard and has attained the rank of E-4. To date he has
been a stellar performer, accomplished mandatory requirements
and continues to better himself personally and professionally.
His future goal is to return to active duty Air Force and pursue
his career commitment and academic goals. He believes he would
be a valuable asset to the Air Force.
In support of his request, the applicant provides a copy of his
DD Form 293, Application for the Review of Discharge from the
Armed Forces of the United States with attachments.
The applicants complete submission with attachments is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on
10 February 2004. On 7 September 2005, the applicant was
notified by his commander that he was recommending him for
discharge from the Air Force based upon a Pattern of Misconduct,
Conduct Prejudicial to Good Order and Discipline under the
provisions of AFPD 36-32, Military Retirements and Separations,
and AFI 36-3208, Administrative Separation of Airmen, Chapter 5,
section H, paragraph 5.52. The specific reasons for this action
were dereliction in the performance of duties by failing to
refrain from consuming alcoholic beverages while under the legal
drinking age of 21 and twice violating a lawful general order by
wrongfully drinking alcohol while under the age of 21. As a
result of these incidences the applicant received two Article
15s and one Letter of Reprimand.
The applicant acknowledged receipt of the notification of
discharge and was advised of his right to consult counsel and
submit statements on his behalf: he waived his right to consult
counsel and submit a written statement for consideration.
Subsequent to the file being found legally sufficient, the
discharge authority approved the separation and directed the
applicant be discharged with a general (under honorable
conditions) characterization of service without probation and
rehabilitation. The applicant was released from active duty on
27 September 2005 and was credited with 1 year, 7 months and 18
days of active duty service.
The Air Force Discharge Review Board (AFDRB) reviewed the
applicants request for an upgrade to his discharge on
26 August 2010 and concluded no change in the discharge was
warranted.
The remaining relevant facts pertaining to this application
extracted from the applicants military personnel records are
contained in the letter prepared by the appropriate Air Force
office of primary responsibility (Exhibit C). Accordingly there
is no need to recite these facts in this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states the applicant
contends his discharge was inequitable because it was too harsh.
The applicant further contends that he should not be penalized
indefinitely for a mistake made while he was young. Even though
the applicant was 20 years of age when his discharge took place
there is no evidence he was immature or did not know right from
wrong.
Conduct Prejudicial to Good Order and Discipline is conduct of a
nature that tends to disrupt order, discipline, or morale within
the military community. This category of misconduct usually
involves causing dissent, disruption, and degradation of mission
effectiveness. It also includes conduct of a nature that tends
to bring discredit on the Air Force in the view of the civilian
community.
The applicant was discharged under AFI 36-3208, paragraph 5.52,
Conduct Prejudicial to Good Order and Discipline, for which the
least favorable service characterization authorized is under
other than honorable conditions. The applicants commander
recommended and the discharge authority approved a service
characterization of under honorable conditions (general)
discharge which was authorized and within the discretion of the
discharge authority. AFI 36-3208, paragraph 1.8.2 states that
an Under Honorable Conditions (General) discharge is warranted
when the applicants service has been honest and faithful;
however, significant negative aspects of the applicants conduct
or performance of duty outweigh the positive aspects of the
applicants military record.
The applicant did not provide any evidence of an error or
injustice to warrant the requested change to his discharge
characterization. Based on the documentation on file in his
master personnel records, the discharge, to include the
characterization of service, was consistent with the procedural
and substantive requirements of the discharge manual and was
within the discretion of the discharge authority.
The complete AFPC/DPSOS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 4 November 2011 for review and comment within
30 days. 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 an error or an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
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
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 this application
BC-2011-02760 in Executive Session on 27 March 2012, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149 dated 21 July 2011, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 13 October 2011.
Exhibit D. Letter, SAF/MRBR, dated 4 November 2011.
Panel Chair
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