RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00041
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be changed to an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was judged by one individual and not by a jury of his peers. 

In support of his request, the applicant submits a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 20 December 1976 for a term of 4 years.  

On 25 March 1980, the applicant's commander notified him that he was recommending he be discharged from the Air Force for his apathetic and defective attitude.  The applicant was punished by article 15 twice for failure to comply with AFR 35-10 appearance standards in January and November 1979.  In February 1980, the suspended portion of previously imposed article 15 punishment was vacated because he was disorderly on station.  He received numerous letters of counseling for traffic violations, failure to repair and to comply with AFR 35-10 appearance standards.  Because of the failure to change his attitude through numerous counselings, probation and rehabilitation (P&R) were not recommended.  

After consulting with the area defense counsel, he requested an interview with the wing commander.  He was personally evaluated and interviewed by the evaluation officer, who recommended a discharge without P&R because applicant demonstrated a poor attitude toward his military duties, did not give proper priority to duty and let personal conveniences and minor problems override his performance.  The discharge case was reviewed by the base legal office and found to be legally sufficient to support discharge.  The discharge authority approved his discharge and ordered a general discharge without P&R.  

Applicant was discharged on 14 April 1980.  The applicant served three (3) years and three (3) months and twenty-five (25) days on active duty. 

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  Additionally, he provided no facts warranting a change in his discharge.  Upon review of his DD Form 214, they noticed an error in block 28 (Narrative Reason for Separation).  A new DD 214, Correction to DD Form 214, was issued changing the reason for discharge to read, “Unsuitability:  Apathy and Defective Attitude.”

The DPPRS evaluation is at Exhibit C.   

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the advisory and states that in February 1980, he was attacked by a NCO at an organization function and forced to defend himself.  Although there were witnesses to corroborate his story, the NCO was not charged for assault.  Since the applicant had prior Article 15 issues, he states that repercussions were taken against him after this incident that cost him his career.  He also used the chain of command and complained about his shops working environment.  After using the chain of command to complain, he was ostracized by coworkers and the Article 15’s he received were a form of retribution for bringing light to the problems in his shop.

Applicant’s complete statement, with attachments, is attached 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 an error or injustice in regard to his request that his general discharge be changed to honorable.  After a thorough review of the documentation provided in support of his appeal and the evidence of record, it is our opinion that given the circumstances surrounding his separation from the Air Force, the discharge characterization assigned to the applicant was proper and in compliance with the appropriate directives.  Applicant has not provided any evidence, which would lead us to believe otherwise.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend a change in his discharge characterization.

_________________________________________________________________

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 Docket Number    BC-2003-00041 in Executive Session on 20 May 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 3 Jan 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 29 Jan 03.
	Exhibit D.	Letter, SAF/MRBR, dated 14 Feb 03.
	Exhibit E.	Letter, Applicant, undated, w/atchs.