RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2003-01413
		INDEX CODE 106.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His 1984 general discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He does not dispute or believe his discharge to be in error. However, he believes his case is mitigated based on the fact that he was an arrogant young man who crossed swords with very unforgiving vice wing and squadron commanders. He has since redeemed himself as a Federal law enforcement officer and as member of the Vermont Air National Guard (VTANG). In support, he provides his resume and two 1989 letters of appreciation from the chief patrol agent with the Border Patrol, Immigration and Naturalization Service (INS), US Department of Justice.

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

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STATEMENT OF FACTS:

The applicant’s active duty military personnel record is no longer available, apparently having been “purged” by the Air Reserve Personnel Center (ARPC) in 2001.  Remaining existing documents reflect the following:

The applicant enlisted in the Regular Air Force on 23 Sep 81 for a period of four years. He was assigned as a law enforcement specialist to the XXX Security Police Squadron in the United Kingdom (UK). 

On 2 Mar 84, the applicant’s commander found him guilty of stealing some amount of gasoline, of some value, at RAF Welford, UK, on or about 15 Feb 84, and imposed nonjudicial punishment in the form of reduction from airman first class to airman and seven days of extra duty. The applicant made a written and oral 
presentation to the commander and his subsequent appeal of the punishment was denied on 28 Mar 84. The Article 15 was found legally sufficient on 29 Mar 84.

The discharge package is not available, but the applicant’s DD Form 214 reflects he was discharged on 19 Apr 84 in the grade of airman with a general characterization for misconduct, pattern of minor disciplinary infractions. He had a total of 2 years, 6 months and 27 days of active service.

On 24 Feb 00, the applicant enlisted in the Vermont Army National Guard for three years and on 8 Mar 01 requested a conditional release to transfer to the VTANG. 

The applicant’s request was approved and on 9 Mar 01 he enlisted for a period of three years in the VTANG in the grade of airman first class. On 11 Sep 01, he was called to active duty and assigned to the XXX Security Forces Squadron. He supported Operations Noble Eagle/Enduring Freedom in Burlington, VT and Southern Watch/Al Jaber in Kuwait.  He was promoted to senior airman on 1 May 01 and to staff sergeant on 1 Aug 02. He was honorably released from active duty on 10 Apr 03 with one year and seven months of active service for that period and transferred to the VTANG.

Pursuant to the Board's request, the Federal Bureau of Investigation, Washington, D.C., indicated that on the basis of the data furnished, they were unable to locate an arrest record (Exhibit C).  

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS notes there are no documents in the applicant’s personnel record pertaining to his discharge process or the misconduct leading up to his discharge from active duty since they were apparently purged by the ARPC in 2001.  The discharge appears consistent with the procedural and substantive requirements of the pertinent regulation and the applicant has provided no facts warranting an upgraded discharge. Denial is recommended.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 30 May for review and comment within 30 days.  As of this date, this office has received no response.

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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 error or injustice to warrant upgrading the applicant’s 1984 general discharge to honorable. According to his DD Form 214, the applicant was discharged for a “pattern of minor disciplinary infractions.” Unfortunately, the ARPC purged the applicant’s records in 2001, leaving the 1984 Article 15 for gasoline theft as the only existing evidence of a specific episode of misconduct. The general discharge may well have been justified in 1985, but by its own expungement action the Air Force now appears unable to support its claim of a “pattern of minor disciplinary infractions.” By contrast, the applicant has demonstrated that, whatever his minor infractions may have been in the past, he has overcome them with subsequent honorable service in the Army and Air National Guards. While on active duty, he supported Operations Noble Eagle/Enduring Freedom and Southern Watch/Al Jaber. Further, he has been promoted twice and the FBI reported no arrest record based on the data furnished. We believe any doubt in this case should be resolved in favor of the applicant as he appears to have redeemed himself with honorable service since Feb 00. We therefore recommend that his 1984 general discharge be upgraded to honorable on the basis of clemency.

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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 19 April 1984, he was honorably discharged and furnished an Honorable Discharge certificate.

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The following members of the Board considered this application in Executive Session on 21 August 2003 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence relating to AFBCMR Docket Number BC-2003-01413 was considered:

   Exhibit A.  DD Form 149, dated 19 Apr 03, w/atch.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  Negative FBI Report.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 20 May 03, w/atchs.
   Exhibit E.  Letter, SAF/MRBR, dated 30 May 03.

                                   
                                   Panel Chair

AFBCMR BC-2003-01413

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 19 April 1984, he was honorably discharged and furnished an Honorable Discharge certificate.

                                                                          
                                                                          Director
                                                                          Air Force Review Boards Agency