RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01992
		INDEX CODE:  110.02
		COUNSEL:  NONE 

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded and his reenlistment code be changed.

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APPLICANT CONTENDS THAT:

His age and maturity level were factors that led to his offenses.  He understands his offenses were inexcusable but he believes he was a victim of circumstance and was charged a bit unjustly.

Since his discharge, he has been an exemplary citizen.  This is further substantiated by his academic achievements such as graduating from college and becoming a firefighter for the City of New York.  

In support of his request the applicant provides a personal statement (Exhibit A).

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 4 December 1986 in the grade of airman basic (E-1) for a period of four years.   He was progressively promoted to the grade of airman first class (E-3), with a date of rank of 4 April 1988.  He was reduced to the grade of airman (E-2), with a date of rank of 15 August 1988, pursuant to an Article 15.  He received two Airman Performance Reports closing 4 December 1987 and 30 August 1988, in which the overall evaluations were 9 and 6, respectively.

On 10 August 1988, applicant was notified of his commander’s intent to impose non-judicial punishment against him under Article 15, UMCJ.  It was alleged the applicant had stolen $160.00 in cash, a purse and a coat of a value of about $250.00.  After considering all matters presented to him, the commander found that the applicant did commit the offense and imposed punishment in the form of reduction to the grade of airman, with a date of rank of 15 August 1988, forfeiture of $160.00 pay per month for 1 month, and restriction to the limits of Vandenberg Air Force Base for 30 days.

On 14 September 1988, the applicant was notified of his commander’s intent to recommend his discharge for commission of a serious offense in accordance with AFR 39-10, paragraph 5-49d, with the characterization of his service as general.  He was advised of his rights and he consulted with counsel and elected not to submit statements in his own behalf.  In a legal review of the discharge case file, the staff judge advocate found it legally sufficient and recommended that he be discharged from the Air Force with a general discharge without probation and rehabilitation.  On 28 September 1988, the discharge authority directed that he be discharged with a general under honorable conditions discharge.  Subsequently, the applicant was discharged under the provisions of AFR 39-10 (Misconduct – Other Serious Offenses) and received a General (Under Honorable Conditions) discharge.  He served 1 year, 10 months, and 1 day on active duty. 

On 27 August 1992, the Air Force Discharge Review Board considered the applicant’s request for discharge upgrade and change of reason for discharge and denied his requests (Exhibit E).

On 10 October 2001, the Federal Bureau of Investigation advised they were unable to locate any arrest records on the applicant.  This information is at Exhibit F. 

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AIR FORCE EVALUATION:

The Assistant NCOIC, Separation Procedures Section, AFPC/DPPRS, reviewed the applicant’s request and recommends denial.  DPPRS states that based upon the documentation in his records, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.   Applicant has not provided any new evidence or identified any errors in his discharge process (see Exhibit C).

The Assistant Chief, Skills Management Branch reviewed the applicant’s request and determined that the Reenlistment Eligibility (RE) code of 2B, “Separated with a general or under-other-than-honorable-conditions (UOTHC) discharge” is correct (see Exhibit D).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on 31 August 2001 for review and response.  As of this date, no response has been received by this office (Exhibit H).

By letter dated 1 October 2001, it was requested that the applicant provide evidence pertaining to his post-service activities (Exhibit G).  This office has not received a response from the applicant.

By letter dated 15 November 2001, a second letter was forwarded to the applicant requesting he provide evidence pertaining to his post-service activities (Exhibit H).  

On 14 December 2001, applicant provided two character reference letters in support of his request.  The applicant’s complete submission, with attachments is at Exhibit I.  

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of probable injustice.  After a thorough review of the evidence of record we see no evidence to show that the applicant’s discharge was erroneous or unjust.  Nevertheless, after reviewing the applicant’s submission we are of the opinion that the applicant has provided sufficient evidence to lead us to conclude that in the years following his separation, he has made a successful adjustment to civilian life.  This is evident by his completion of college and service to his community by serving as a firefighter for the City of New York.  In view of this fact and in consideration of the applicant’s age and apparent immaturity at the time of his enlistment, we believe he should be given the opportunity to apply for enlistment by upgrading his discharge to honorable and changing his RE code to “3A”, a waiverable code. Whether or not he is successful will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to any branch of service.  Accordingly, we recommend that his records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 4 October 1988 he was honorably discharged under the provisions of AFR 39-10,  
paragraph 1.2 (Secretarial Authority), with a separation code of “JFF” and issued an RE Code of “3A.”  

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The following members of the Board considered this application in Executive Session on 27 February 2002, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 7 Jul 01 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 17 Aug 01.
     Exhibit D.  Letter, AFPC/DPPAE, dated 24 Aug 01.
     Exhibit E.  Letter, AFDRB, dated 19 Oct 92.
     Exhibit F.  Letter, FBI Negative Reply, dated 28 Sep 01.
     Exhibit G.  Letter, AFBCMR, dated 1 Oct 01.
     Exhibit H.  Letter, SAF/MIBR, dated 31 Aug 01.
     Exhibit I.  Letter, Applicant, dated 14 Dec 01.

					

AFBCMR 01-01992

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to     be corrected to show that on 4 October 1988, he was honorably discharged under the provisions of AFR 39-10, paragraph 1.2 (Secretarial Authority), with a separation code of “JFF” and issued an RE Code of “3A,” and was furnished an Honorable Discharge certificate.