RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02216
COUNSEL:
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His General (Under Honorable Conditions) discharge be
upgraded to Honorable.
2. His Separation Program Designator (SPD) code of GHQ
(Ineligible for reenlistment) and Reentry Code (RE) of 2B
(Separated with a General or Under Other Than Honorable
Conditions Discharge) on his DD Form 214, Certificate of Release
or Discharge from Active Duty, be changed to reflect an
Honorable discharge.
3. He be reinstated in the Air Force in the grade of Staff
Sergeant (SSgt).
________________________________________________________________
APPLICANT CONTENDS THAT:
His involuntary separation from the Air Force was completely
unjust and deserves a thorough reevaluation. He was only
accused of the offense leading to his discharge and has yet to
face any type of prosecution. He agreed to a plea bargain
whereby he maintained his declaration of innocence and accepted
conditional probation without a finding or adjudication of
guilt, or a conviction. His probationary period of two years
could be drastically reduced depending upon his behavior.
Ultimately, his successful completion of probation will result
in the courts dismissal of all charges against him, clearing
his name of any wrongdoing. Although he made some poor choices
in the past in selecting individuals to surround himself with,
he has not committed any wrongdoing warranting the termination
of his Air Force career.
In support of his appeal, the applicant provides an expanded
statement and copies of his Order for Conditional Discharge,
Order of Probation, and information regarding Alfred Pleas.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
14 May 02.
On 5 Jan 12, the applicants commander notified him she was
recommending his discharge from the Air Force for Misconduct:
Commission of a Serious Offense, Other Serious Offenses. The
reasons for this action were that around 29-30 Apr 11, he
committed the following crimes:
1. Aggravated Assault against a Household Member (Deadly
Weapon): He pointed a black 12-guage shotgun at another
individual and placed it in her mouth over the end of the
barrel.
2. Aggravated Assault against a Household Member (No Great
Bodily Harm): He grabbed the other individual by her arms and
threw her down and strangled her.
3. Bribery of a Witness (Threats) (Reporting): He
threatened to hurt and to put the other individual into the
hospital if she reported the incident to the police.
4. Interference with Communications: He took the other
individuals cell phone with the intention of keeping her from
calling the police.
On 18 Jan 12, the applicant acknowledged receipt of the
discharge notification, did not waive his right to an
administrative discharge board or to military counsel, and
indicated he intended to submit statements on his own behalf.
On 19 Jan 12, the applicants commander recommended he be
discharged from the Air Force for Misconduct: Commission of a
Serious Offense, Other Serious Offenses.
On 5 Mar 12, the discharge authority directed the applicant be
discharged with a (General) Under Honorable Conditions Discharge
without the opportunity for probation or rehabilitation.
On 15 Mar 12, the applicant was discharged for Misconduct
(Serious Offense), and was credited with 9 years, 10 months, and
2 days of total active service.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the offices of the Air
Force office of responsibility which are at Exhibit C and D.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial, indicating there is no evidence of
error or injustice. AFI 36-3208, Administrative Separation of
Airmen, Paragraph 1.17 provides guidance regarding what to
consider when characterizing service, and states in part the
characterization of service is based on the quality of a
members service as reflected in the military record of the
current enlistment or period of service including personal
conduct, performance of duty, and the reason for separation.
Additionally, Paragraph 1.17.2 states you must consider conduct
in the civilian community in characterizing service at
separation, to include conduct in the civilian community that
brings discredit on the Air Force, or conduct prejudicial to
good order and discipline, or which adversely affects the
quality of the members service. The applicants crimes brought
discredit on the Air Force.
A complete copy of the AFPC/DPSOS evaluation is at Exhibit C.
AFPC/DPSOA recommends denial of the applicants request to
change his RE Code of 2B. The applicant received the RE Code of
2B based on his General discharge. The applicants discharge
stemmed from his aggravated assault against a family member with
a deadly weapon. The RE Code of 2B is required per AFI 36-2606 Reenlistment in the USAF, Chapter 5, based on his involuntary
discharge. The applicant does not provide any proof of an error
or injustice concerning his RE Code.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 7 Aug 12 for review and comment within 30 days. As
of this date, no response has been received by this office
(Exhibit E).
________________________________________________________________
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 error or 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 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2012-02216 in Executive Session on 23 Oct 12, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 May 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 20 Jun 12.
Exhibit D. Letter, AFPC/DPSOA, dated 12 Jul 12.
Exhibit E. Letter, SAF/MRBR, dated 7 Aug 12.
Panel Chair
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