AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01750
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. He would like to go back to Afghanistan in support of
Operation ENDURING FREEDOM and needs an honorable discharge in
order to work with Dynacorp.
2. In 1983, he was discharged as an Air Force Fire Fighter. In
1984, he started working as a civil service Fire Fighter and
retired in 2010. He spent 2 years in Afghanistan as a Fire
Inspector, 10 months at Bagram Airfield, and the remaining time
was spent in the “North” at forward operating bases (FOBs)
Spann, Deh Dadi, Kunduz, Marmal and Camp Griffin.
3. He spent the last 28 years in support of his country. He did
not perform a combat role but was in constant danger due to
daily rocket and mortar attacks.
4. He has rescued personnel from fires and motor vehicles and
has put his life in danger. He spent numerous hours on a
military Mine Resistant Ambush Protected (MRAP) vehicle going
from FOB to another while performing his duties. He was the
only experienced Fire Fighter responsible for training the
“troops” on fire safety at FOB Spann on fire fighting tactics
and strategies.
5. He made a mistake some 30 years ago while in the military;
however, his actions since then should gain him some favorable
consideration.
In support of his request, the applicant provides a copy of a DD
Form 293, Application for the Review of Discharge from the Armed
Forces of the United States.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 7 Oct 80, the applicant enlisted in the Regular Air Force.
On 20 May 83, the applicant was notified of his commander’s
intent to recommend he be discharged from the Air Force under
the provisions of AFR 39-10, Administrative Separation of Airmen
for Drug Abuse. The applicant acknowledged receipt of the
notification of discharge. The specific reason for the proposed
action was:
On or about 14 Feb 83 and 28 Feb 83, the applicant received
an Article 15, Uniform Code of Military Justice (UCMJ), for
wrongful use of marijuana. For this misconduct, the applicant
received a reduction to the grade of airman, with a new date of
rank of 13 Apr 83, and forfeiture of $100 pay per month for two
months.
The applicant after consulting with counsel, offered a
conditional waiver to waive his right to an administrative
discharge board hearing contingent upon receiving no less than a
general (under honorable conditions) discharge.
On 2 Jun 83, the Staff Judge Advocate (SJA) reviewed the case
and recommended the 21st Combat Support Group commander forward
the case to the Alaskan Air Command (AAC) commander with a
recommendation to separate the applicant from the Air Force with
a general (under honorable conditions) discharge without
probation and rehabilitation.
On 7 Jun 83, the 21st Combat Support Group commander reviewed
the case file and recommended the Alaskan Air Command (AAC)
commander to approve the applicant’s conditional waiver for no
less than a general (under honorable conditions) discharge.
On 23 Jun 83, AAC/SJA reviewed the case file and found it
legally sufficient to support discharge and recommended that he
receive a general (under honorable conditions) discharge without
probation and rehabilitation.
On 6 Jul 83, the vice commander Alaskan Air Command concurred
with the recommendation and directed a general (under honorable
conditions) discharge without the opportunity for probation and
rehabilitation. On 7 Jul 83, the applicant was discharged from
the Air Force with a general (under honorable conditions)
discharge in the grade of airman. He served two years, nine
months and one day of total active duty service.
Pursuant to the Board’s request, the Federal Bureau of
Investigations (FBI) Clarksburg, WV, states they were unable to
identify an arrest record on the basis of the information
furnished (Exhibit C).
2
On 17 Jul 12, the applicant was offered an opportunity to
provide information pertaining to his activities since leaving
the service (Exhibit D).
In response to the request, the applicant provided a personal
letter. The applicant states he was not the type of person to
get into trouble; he went to work on time; had a great working
relationship with his supervisors and co-workers; received his
five-skill level, and was advanced in rank.
In 2009, he went to Afghanistan with ITT Systems Corporation as
a fire inspector where he helped the military in fire safety.
The applicant’s 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 error or injustice. After
thoroughly reviewing the evidence of record, we find no evidence
to indicate that his discharge from the Air Force was
inappropriate, or that 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 applicant’s overall record of service, and the
events which precipitated the discharge, and his post service
information; however, we do not find the evidence presented is
sufficient to compel us to recommend granting the relief sought
on that basis. Therefore, we find no basis to recommend
granting the relief sought in this application.
________________________________________________________________
3
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-2012-01750 in Executive Session on 23 Sep 12, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Apr 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Negative FBI Response, dated 13 Jun 12.
Exhibit D. Letter, SAF/MRBC, dated 17 Jul 12.
Exhibit E. Letter, Applicant, undated
Panel Chair
Member
Member
Panel Chair
4
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