RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  01-01805
			INDEX CODE:  110.03
			COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reinstated in the Air Force Reserve.
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APPLICANT CONTENDS THAT:

He was the recipient of cruel and unusual punishment, unlawful prosecution, denial of an attorney prior to conviction, constitutional violations and conspiracy to defraud the government and the denial of due process.

In support of his application, he submits a 13 page personal statement, copies of DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and DD Form 214, Certificate of Release or Discharge from Active Duty.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force on 27 January 1961.  He continued to serve on active duty until he was honorably discharged on 26 January 1965.  He was transferred to the inactive reserve with obligated service until 26 January 1967.

The applicant enlisted as an Airman First Class in Reserve of the Air Force on 29 September 1986.  He was promoted to the rank of staff sergeant and entered his most recent enlistment on 21 October 1994 for a period of 6 years.  On 15 December 1996 he received a Letter of Reprimand (LOR) regarding his delinquent Government American Express account in the amount of $1,186.47.  He received a second LOR on 9 February 1997 for failing to obey a direct order to repay his debt.  On 21 March 1997 his commander recommended him for demotion to Senior Airman and on 7 May 1997 demotion action was approved.  On 16 May 1997 his commander recommended he be separated with a general discharge for Misconduct, Commission of a Serious Offense, Other Serious Offense, under AFI 36-3209, paragraph 3.21.3.4.  A legal review of the discharge action was conducted on 27 September 1997 and file was found to be legally sufficient.  On 11 December 1997, HQ AFRC sent a Letter of Notification of Separation Action (LON) to the applicant who acknowledged notification and requested a discharge board by letter dated 16 December 1997.

A discharge board was initially scheduled for 2 April 1998, however, on 2 April 1998 the applicant released his counsel and a delay was granted to allow him to seek new counsel.  On 6 May 1998 the applicant was notified of his new counsel and the new board date.  He failed to make contact with his new counsel and on 23 June 1998 the board was held without the presence of the applicant or his counsel.  The board recommended that the applicant be separated from the Air Force Reserve and issued a general discharge.  The discharge authority approved the applicant’s separation from the Reserve with a general (under honorable conditions) discharge effective 5 August 1998.
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AIR FORCE EVALUATION:

AFRC/JAJ recommended the application be denied.  JAJ stated that the case review go to the equity and the merits of the claims, not merely the technical aspects of the case.  JAJ reviewed the file to ensure the applicant was treated fairly and equitably, and his rights protected.  JAJ is confident that the Government treated the applicant fairly at all stages of the case.  The inescapable fact is that the applicant refused to pay his American Express debt.  He also refused to respond to the LORs, to the demotion notice, and to discharge action, despite requesting a board.  The applicant apparently believed that his American Express debt was merely a private financial matter, in which the Government had no right to meddle.  In this vein, the applicant ignored all efforts to encourage him to recognize and satisfy his debt.  JAJ states that it is clear beyond peradventure that the equities in this case fall almost exclusively on the side of the Government, not the applicant (Exhibit C).

The Director of Personnel, AFRC/DPZ, reviewed the case and was unable to find any information to support the applicant’s claims outlined in his request for relief.  DPZ referred to the JAJ review of the case for support of their position on the matter and recommended denial of the applicant’s request (Exhibit D).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force Evaluations were forwarded to the applicant for review and response.  As of this date, this office has received no response (Exhibit E).

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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.  The basis for the initiation of demotion and discharge proceedings in this case is well documented in the available record.  Other than his own assertions, we have seen no evidence by the applicant showing that the information contained in his file is erroneous, his substantial rights were violated, his commanders abused their discretionary authority, or that he was the victim of inequitable treatment.  In the absence of such evidence, we agree with the opinion set forth in the JAJ advisory and conclude the applicant has failed to sustain his burden for providing a showing of error or injustice.  Accordingly, the applicant’s request is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application in Executive Session on 27 November 2001, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Jan 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/JAJ, dated 7 Sep 01.
    Exhibit D.  Letter, AFRC/DPZ, dated 24 Sep 01.
    Exhibit E.  Letter, SAF/MIBR, dated 19 Oct 01.