RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00259
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to an honorable discharge and that all negative documentation be expunged from his records.

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APPLICANT CONTENDS THAT:

On 4 February 1992, he sustained multiple injuries from a motor vehicle accident.  For the next eight weeks his health affected his ability to work.  There were days when he could barely walk, eat, or drink because of his injuries.  In conjunction with his medical problems, his wife informed him of her intent to file for a divorce.  The combination of his physical injuries and the emotional stress of the impending divorce were devastating.  He received Article 15s for failure to report to his place of duty and for failure to go to duty at the time prescribed.  Although his actions were not commendable, he accepted the punishment.  He indicates that his actions did not appear to be worthy of justification for less than an honorable discharge.

In support of his appeal, the applicant provided a personal statement, DA Forms 1059 (Service School Academic Evaluation Report) dated 24 June 2001 and 27 July 2001, and other documentation.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 1 December 1988 for a period of four (4) years.

On 18 December 1990, the applicant was notified of his commander’s intent to impose nonjudicial punishment upon him for the following:  He did, at RAF Mildenhall, United Kingdom, on or about 6 December 1990, without authority, fail to go at the time prescribed to his appointed place of duty, to wit:  Building 582, at 1530 hours.

After consulting with counsel, applicant waived his right to a trial by court-martial, submitted a written presentation in his behalf and requested to make a personal appearance.  However, he did not desire that it be public.

On 28 December 1990, he was found guilty by his commander who imposed the following punishment: Reduction to the grade of airman and a forfeiture of $100.00 pay per month for two months.  Reduction to the grade of airman was suspended until 26 June 1991, at which time it would be remitted without further action unless sooner vacated.

On 28 December 1990, the applicant did appeal the punishment but then withdrew the appeal.  The Article 15 was filed in his Unfavorable Information File (UIF).

On 17 April 1992, the applicant was notified of his commander’s intent to impose nonjudicial punishment upon him for the following:  He did, at McGuire Air Force Base, New Jersey, on or about 10 April 1992, without authority, go from his appointed place of duty, to wit: Building 2611, McGuire AFB, New Jersey.

After consulting with counsel, applicant waived his right to a trial by court-martial, submitted a written presentation in his behalf and requested to make a personal appearance.  However, he again did not desire that it be public.

On 5 May 1992, he was found guilty by his commander who imposed the following punishment: Reduction to the grade of airman first class, with a new date of rank of 5 May 1992.

The applicant did not appeal the punishment and the Article 15 was filed in his Unfavorable Information File (UIF).

On 20 May 1992, the applicant was notified of his commander's intent to initiate discharge action against him for Minor Disciplinary Infractions.  Specific reasons are listed above and as follows:

	  On 19 March 1992, the applicant’s dorm room was not prepared for carpet installation.  His room was extremely unkept and stunk of poor personal hygiene, filth, and animal odors.  He received a Letter of Reprimand/Unfavorable Information File, dated 20 March 1992.

The commander indicated in his recommendation for discharge that before recommending the discharge he ensured the applicant was counseled.  The Supply Squadron had given the applicant ample opportunity to correct previous misconduct.  He had received letters of reprimand and two Article 15s within this enlistment.  Minimal improvement had been noted.  He did not meet the standards of quality required by the United States Air Force.  The commander did not recommend probation and rehabilitation according to chapter 7.  Previous rehabilitation efforts were not successful.

The commander advised the applicant of his right to consult legal counsel and submit statements in his own behalf, or waive the above rights after consulting with counsel.

After consulting with counsel the applicant submitted statements in his own behalf.

On 8 June 1992, the Staff Judge Advocate recommended that the applicant be separated with a general (under honorable conditions) discharge without probation and rehabilitation.

On 10 June 1992, the discharge authority approved the discharge.

Applicant was discharged on 18 June 1992, in the grade of airman first class with a general (under honorable conditions) discharge, under the provisions of AFR 39-10 (Misconduct - Pattern of Minor Disciplinary Infractions).  He served 3 years, 6 months and 18 days of total active military service.

On 24 February 1993, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request to upgrade his discharge from general (under honorable conditions) to honorable.  They concluded that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative due process (Exhibit B).

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated that based upon the documentation in the file, 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.  

The applicant submitted statements but did not identify any errors or injustices that occurred in the discharge processing.  He provided no other facts warranting an upgrade of the discharge.  He has not filed a timely request.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated that he did wrong things but the punishment did not fit the crime.  He does not deserve what his life has been since discharge.  He is currently employed as a correctional officer and indicates that it is his desire to go to college and become a registered nurse and serve the civilian world and the Air Force.  His family has a proud military heritage in the enlisted ranks.  This discharge has brought a stigma to his family.  He has provided post-service documentation and asks for clemency.  

Applicant’s response, with attachments, is at 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 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 error or injustice.  No evidence has been presented which would lead us to believe his discharge was improper or contrary to the directive under which it was effected.  Nevertheless, the Board majority finds that in view of the applicant’s successful transition to civilian life, as evidenced by the post-service documentation he has provided, upgrading his discharge to honorable, based on clemency, would be appropriate.  The Board majority recommends that the applicant’s general (under honorable conditions) discharge be upgraded to honorable.

4.	No evidence has been presented to justify removal of all negative documentation from his records.  The applicant’s request to expunge the two Article 15s and a Letter of Reprimand/Unfavorable Information File was considered.  However, the applicant has not established that he did not commit the misconduct which resulted in the nonjudicial punishment nor that the commander abused his discretionary authority to impose the punishment.  We find no compelling basis upon which to set aside any negative documentation in the applicant’s records, other than the change in discharge characterization as noted above.

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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 18 June 1992, he was honorably discharged and issued an Honorable Discharge Certificate.

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The following members of the Board considered AFBCMR Docket Number BC-2002-03645 in Executive Session on 1 May 2003, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

By a majority vote, the Board voted to correct the records, as recommended.  XXXXX voted to deny the entire application and does not desire to submit a minority report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 9 January 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 12 February 2003.
   Exhibit D.  Letter, SAF/MRBR, dated 14 February 2003.
   Exhibit E.  Letter, Applicant, dated 10 March 2003, w/atchs.

				   	   
					   Panel Chair 

AFBCMR BC-2003-00259

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 XXXXX , be corrected to show that on 18 June 1992, he was honorably discharged and issued an Honorable Discharge Certificate.

		
		Director
		Air Force Review Boards Agency