RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2002-03666
							INDEX CODE:  110.00

    							COUNSEL:  NONE

    							HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

His behavior off duty warranted punishment but at no time did his misconduct affect his duties as an F-4 crew chief.  At the time of his separation there was a push to downsize the Air Force and early outs were being offered.  His disciplinary infractions would not have resulted in a discharge under normal conditions.

Since his discharge he has earned a Bachelors Degree in Criminal Justice, and has been a sworn law enforcement officer for 12 years.  He currently holds the rank of sergeant and serves as a detective and supervisor of the Youth Investigations Unit of the Mobile County Sheriff’s Office.  He has received a Sheriff’s Citation, 2 Service Ribbons, a Letter of Commendation, 6 Commander’s Citations, and has been named Deputy of the Month twice.

Applicant did not provide any documents in support of the appeal.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 March 1981.

On 12 November 1982, the applicant’s commander notified him that he was recommending a discharge for a pattern of misconduct.  He recommended a general discharge.  Basis for the action:  On 25 August 1982, a Record of Counseling for speeding; on 6 April 1982, a Letter of Reprimand for allowing marijuana in a government vehicle he was driving; on 7 January 1983, an Article 15, for stealing government property; on 21 January 1983, an Article 15, for wrongful use of marijuana; on   24 March 1983, a Letter of Counseling, for failing to get his hair cut; on 25 March 1983, a Letter of Reprimand, for violation of AFR 35-10.  Applicant consulted counsel and submitted a rebuttal requesting an honorable discharge or probation and rehabilitation (P&R).  The base legal office reviewed the case and found it legally sufficient to support discharge and recommended discharge without probation and rehabilitation (P&R).  The Discharge Authority approved the separation and ordered a general discharge without P&R.

The applicant, while serving in the grade of airman, was discharged from the Air Force on 23 May 1983, under the provisions of AFR 39-10 (misconduct - pattern of minor disciplinary infractions) with an under honorable conditions (general) discharge.  He served 2 years, 2 months and 11 days of total active service.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated on the basis of the data furnished they were unable to locate an arrest record (Exhibit C).

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AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the discretion of the discharge authority.  Therefore, they recommend denial of the applicant’s request.

A complete copy of the evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and states that he has dedicated his adult life to protecting innocents from harm.  He has been in shoot-outs and has successfully negotiated the safe release of hostages and convinced barricaded criminals to surrender without harm coming to any participants.  He has saved lives and has sustained serious injury in the performance of his job.  He is an honorable man now and was then.  He was raised to accept responsibility for his actions, which he did.  His father also taught him that it was ok to make mistakes as long as he learned from them.  He states that he has and he did.  He now asks to be forgiven for those mistakes and that his discharge be upgraded to honorable.

In February 2003, the applicant provided an additional undated letter that outlined his accomplishments since his discharge.

Applicant's complete response, with attachment and additional letter, with attachments, are attached at Exhibit F.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  The majority of the Board found no impropriety in the characterization of applicant’s discharge.  They also found insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency and denied his request.  His contentions are noted; however, it appears that responsible officials applied appropriate standards in effecting the separation, and the majority of the Board does not find persuasive evidence that pertinent regulations were violated or that the service member was not afforded all the rights to which entitled at the time of discharge.  The Board majority noted the evidence provided by the applicant pertaining to his post service activities and does not find it sufficient to warrant relief based on clemency in the form of a fully honorable discharge.  The Board majority’s opinion in this regard is based on the short period of time the applicant served and the seriousness and multiplicity of the infractions he committed against the good order and discipline of the service.  In view of the above, the Board majority finds the applicant’s service is accurately characterized as “under honorable conditions” and finds no basis upon which to recommend favorable action on this application.

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RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered this application in Executive Session on 19 March 2003, under the provisions of AFI 36-2603:

By a majority vote, the Board recommended denial of the application.  Ms. Loeb voted to correct the records but does not desire to submit a Minority Report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Nov 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Letter, AFPC/DPPRS, dated 13 Dec 02.
    Exhibit E.  Letter, SAF/MRBR, dated 20 Dec 02.
    Exhibit F.  Applicant’s Responses, dated 23 Dec 02, w/atchs and
                the undated letter, w/Atch.

                                   

AFBCMR BC-2002-03666
INDEX CODE:  110.00

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD 
			FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of 

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that applicant had not provided substantial evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.

							

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR 
				   CORRECTION OF MILITARY RECORDS (AFBCMR)

FROM:  SAF/MRB

SUBJECT:  , AFBCMR Docket Number 02-03666

	I have carefully considered all aspects of this case and do not agree with the majority of the panel that the applicant’s request should be denied.

	After reviewing the available documentation, I believe applicant’s discharge should be upgraded, on the basis of clemency based on extraordinary post service accomplishments.

	Applicant has had to live with the adverse effect of his under honorable conditions discharge for 20 years, and while the discharge may have been appropriate, I believe it would be an injustice for him to continue to suffer from its effects.  From the evidence before me, it appears that applicant performed his duties well while in the service, with the exception of the behavior which led to his discharge and has been a law-abiding citizen since his separation.

	Certainly I do not condone the behavior that led to his under honorable conditions discharge; however, it serves no useful purpose to the Air Force or to society in general to continue the nature of his discharge at this late date.  Therefore, it is my decision that his discharge be upgraded to an honorable discharge.

					

 

AFBCMR 02-03666
INDEX CODE:  110.00

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 23 May 1983, he was honorably discharged and furnished an Honorable Discharge certificate.