RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2004-01604
	  INDEX CODE 110.00  110.02  106.00
	 	COUNSEL:  XXX

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His 1992 general discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He was never charged with any crime but merely detained for the customary 20 hours and released. He violated no Missouri (MO) state statutes or city/county ordinances in the carrying of his weapons.  The judge ordered his record expunged.  Background checks for National Guard enlistment show no arrest. Since there was no violation of law, there could not have been a breach of the Uniform Code of Military Justice (UCMJ). He received a waiver to serve in the MO National Guard, has risen through the ranks, been deployed twice, and received the Purple Heart for being wounded in Iraq. The discharge is inequitable for the Air Force, which needs highly qualified and dedicated combat veterans, and for himself, as he wants to reenter the Air Force Reserves. He believes his past honorable discharges and current honorable service have overshadowed any past misconduct.

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

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STATEMENT OF FACTS:

The following information was extracted from the official Army documents the applicant provided (Exhibit A) and from his Air Force military personnel records (Exhibit B).

The applicant enlisted in the Regular Air Force on 4 Oct 89 and was assigned to the ---- Security Police Squadron at Whiteman AFB, MO, as a security specialist.

On 26 Jul 91, the commander imposed Article 15 punishment on the applicant in the form of 45 days of extra duty and a suspended forfeiture of $439.00 pay per month for two months for violation of a lawful general regulation by wrongfully chambering a round of ammunition in a firearm at Whiteman AFB on or about 13 Jul 91. The applicant had submitted a written presentation, but did not appeal the punishment.

On 17 Nov 92, officers of the Kansas City MO Police Department arrested the applicant for carrying concealed weapons. Apparently he had attempted to break up a fight in a bar (he was not involved in the fight) by pulling out a handgun and allegedly claiming to be a cop. A second weapon was found on his person. The police apparently had reasonable cause to believe he was in violation of Kansas City Municipal Ordinances. The applicant was detained and subsequently released without prosecution.

On 2 Dec 92, the commander imposed Article 15 punishment on the applicant in the form of reduction from senior airman to airman first class and 60 days restriction for the incident described above. The applicant had submitted a written presentation, but did not appeal the punishment.

On 10 Dec 92, the applicant was notified of his commander’s intent to recommend a general discharge for a pattern of misconduct. The two Article 15s were cited. The applicant consulted counsel and, on 15 Dec 92, the commander recommended a general discharge without probation and rehabilitation (P&R). The applicant submitted a statement for consideration, requesting retention or an honorable discharge. Legal review on 18 Dec 92 found the case sufficient to support discharge and recommended a general discharge without P&R. The discharge authority approved the general discharge without P&R.

On 23 Dec 92, the applicant was discharged in the grade of airman first class with a general characterization for misconduct after 3 years, 2 months and 20 days of active duty. He was issued a reenlistment eligibility (RE) code of 2B (Involuntarily separated with general discharge).

Pursuant to the applicant’s petition to the Kansas City Circuit Court of Jackson County, MO, his records were ordered expunged on 6 Jul 93.

According to documents provided by the applicant, he has been employed by the MO Department of Corrections a Correctional Center since 17 Oct 94.

On 6 Jan 95, the Air Force Discharge Review Board denied the applicant’s request for an upgraded discharge.

On 6 Jul 98, the MO Army National Guard (MO ARNG) waived the applicant’s 2B RE code and allowed him to enlist as a military policeman. 

On 14 Jul 99, the applicant received the Humanitarian Service Medal for participation in Hurricane Mitch Disaster Relief Operations in Central America.

He was promoted to the grade of sergeant on 6 Aug 01.

The applicant entered active duty on 4 Oct 01 in support of Operation Joint Guardian (Macedonia/Kosovo) and, after 7 months and 27 days of active duty, was honorably released on 31 May 02. He was awarded the Army Achievement Medal, the Kosovo Campaign Medal, the NATO Medal, and the National Defense Service Medal. 

He served another active duty tour in support of Operations Enduring Freedom/Iraqi Freedom from 24 Feb 03 to 15 Feb 04. During this period, he was awarded the Army Commendation Medal for valor by providing medical attention to five soldiers and one civilian injured by an explosion on 25 Jun 03, a second Army Commendation Medal for meritorious service, and the Purple Heart after being struck by an automobile that had attempted to run a traffic site on 29 Sep 03. 

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS concludes the discharge was consistent with the procedural and substantive requirements of the discharge regulation, and was within the discharge authority’s discretion. The Discharge Review Board did not support an upgraded discharge. Therefore, DPPRS recommends denial.

A complete copy of the evaluation is at Exhibit C.

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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 4 Jun 04 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.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the evidence of record and the applicant’s submission, a majority of the Board is not persuaded his 1992 general discharge should be upgraded to honorable.  We appreciate the applicant’s outstanding contributions in the Army National Guard. His participation in Operation Joint Guardian and Operations Enduring Freedom/Iraqi Freedom has earned him acclaim and decorations, to include the Purple Heart. However, at issue is the applicant’s performance with the Air Force. The 2 Dec 92 Article 15 for carrying concealed weapons and brandishing a handgun to disperse a fight was not his only incident of misconduct.  On 26 Jul 91, the applicant received an Article 15 for wrongfully chambering a round of ammunition into a firearm.  In the Board majority’s view, these episodes during the applicant’s Air Force career displayed a potentially serious lack of good judgment. The Board majority agrees with the Air Force Discharge Review Board that the applicant’s general discharge from the Air Force was consistent with the procedural and substantive requirements of the governing regulation and was within the discharge authority’s discretion. Therefore, the majority of the Board finds no error or injustice warranting changing the applicant’s Air Force records. Further, the Board majority notes the 1992 general discharge did not prevent his entry into the Army National Guard, or his maturation as a responsible professional who has been promoted to the Army grade of sergeant, for which he is to be commended.  In view of the above and absent persuasive evidence to the contrary, we wish the applicant every success, but the majority of the Board finds no compelling reason to grant the relief sought on the basis of error, injustice, or clemency.

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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 22 July 2004 under the provisions of AFI 36-2603:

By a majority vote, the Board recommended denial of the application.  Ms. XXXXX voted to grant, but does not wish to submit a Minority Report. The following documentary evidence relating to AFBCMR Docket Number BC-2004-01604 was considered:

   Exhibit A.  DD Form 149, dated 15 May 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 3 Jun 04.
   Exhibit D.  Letter, SAF/MRBR, dated 4 Jun 04.

AFBCMR BC-2004-01604

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

SUBJECT:  AFBCMR Application of   

	A majority of the Board concluded the applicant’s request to upgrade his 1992 Air Force general discharge to honorable should be denied.  Their decision was based primarily on his misconduct and apparent lack of good judgment during his Air Force career, as evidenced by his two Article 15s.  They further believed the applicant’s reenlistment ineligibility waiver and subsequent entry in the Missouri Army National Guard (ARNG) indicated he suffered no continuing adverse effects from his general discharge.  The majority of the Board found no basis in error, injustice, or clemency for upgrading the characterization of the applicant’s Air Force service.

	I agree the 1992 separation proceedings appear proper and the discharge’s general characterization may have been appropriate to the existing circumstances at the time.  However, the evidence would also indicate this individual has profoundly redeemed himself.  Since his discharge, the applicant has been gainfully employed and, in 1998, the Missouri ARNG waived his reenlistment ineligibility, allowing him to enlist as a military policeman.  In 1999, he received the Humanitarian Service Medal for participation in Hurricane Mitch Disaster Relief Operations in Central America.  In 2001, he was promoted to the Reserve grade of sergeant.  He performed an active tour of duty in 2001 in support of Operation Joint Guardian (Macedonia/Kosovo) and was awarded the Army Achievement Medal, the Kosovo Campaign Medal, the NATO Medal, and the National Defense Service Medal.  The applicant’s second active duty tour in 2003-2004 was in support of Operations Enduring Freedom/Iraqi Freedom.  He was twice decorated for meritorious service and for valor by providing medical attention to five soldiers and one civilian injured by an explosion.  Finally, while in combat, he was awarded the Purple Heart after being struck by an automobile that had attempted to run a traffic site security check.  

	I am satisfied the applicant’s outstanding achievements since his 1992 general discharge have overcome his earlier misconduct and immaturity.  Our country has been well served by his special skills and professionalism.  I therefore agree with the minority vote to grant and direct the applicant’s 1992 general discharge from the Air Force be upgraded to honorable.  Further, for consistency, his Reenlistment Eligibility and Separation Program Designator codes should be changed to 3K and KFF, respectively.

AFBCMR BC-2004-01604

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 December 1992, he was honorably discharged, furnished an Honorable Discharge certificate, and issued a Reenlistment Eligibility code of 3K and a Separation Program Designator code of KFF.