RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01660
		INDEX CODE:  110.00
	  	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His son’s general (under honorable conditions) discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

The punishment his son received was excessive and unequal for the offenses committed.

In support of his request, the applicant submits a personal statement, DD Form 214, Certificate of Release or discharge from Active Duty, Certificate of Death, a Character Reference Letter, Letter of Support from Chaplain, and DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States.

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

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STATEMENT OF FACTS:

The applicant entered into the Air Force on 2 April 1997.  On 7 April 1998, his commander notified him, that he was recommending he be discharged, under the provisions of AFPD 36-32 and AFI 36-3208 for misconduct (discreditable involvement with military or civil authorities).  The basis for the action was that on 24 March 1998, he was convicted by summary court-martial for one specification of being absent without authority, and four specifications of failure to go and received 30 days confinement; on 14 February 1998, failure to go at the time prescribed, to his appointed place of duty and received a Letter of Reprimand; on 27 January 1998, for unlawfully striking a fellow airman and for failing to go at the time prescribed to his appointed place of duty and received an Article 15, reduction to the grade of airman basic and 30 days extra duty; on 27 January 1998, for not cleaning his entire bathroom, especially the toilet and received a Letter of Individual Counseling; on 15 January 1998, he failed to go to his appointed place of duty at the prescribed time and received a Letter of Reprimand; on 27 December 1997, he failed to go to his appointed place of duty at the prescribed time and received a Letter of Counseling; on 17 December 1997, he failed to go to his appointed place of duty at the prescribed time and received a Letter of Reprimand; on 3 December 1997, for insubordination and received a Letter of Reprimand; on 22 November 1997, for not being prepared for duty he received a Letter of Reprimand; on 16 October 1997, he failed to go to his appointed place of duty at the prescribed time and received a Letter of Individual Counseling; and on 1 October 1997, he failed to go to his appointed place of duty at the prescribed time and received a Letter of Reprimand.  He did not acknowledge receipt of the notification.  The base legal office found the case was legally sufficient to support discharge.  He was discharged on 21 April 1998, under the provisions of AFI 36-3208, for Pattern of Misconduct, with a general (under honorable conditions) discharge.  He served a total 5 years, 8 months and 27 days of active duty service.

The applicant submitted an application to the Air Force Discharge Review Board (DRB) requesting his son’s general (under honorable conditions) discharge be upgraded to honorable.  On 28 February 2001, the DRB concluded a change in the type or nature of discharge was not warranted.  The DRB also 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 the member was provided full administrative due process.  (Exhibit B)

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.  The AFDRB previously reviewed all the evidence of record and concluded the discharge was consistent with the procedural and substantive requirements of the discharge regulation and within the discretion of the discharge authority and that the applicant was provided full administrative due process.  The Board further concluded that neither evidence of record, nor that provided by the member’s father substantiates an inequity or impropriety that would justify a change of discharge.  The former member’s father did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no other facts warranting a change to his character of service.

The DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 25 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After reviewing the evidence of record we believe that the issuance of a general discharge was harsh.  While the deceased member’s disciplinary problems warrant separation from the Air Force, we believe that based on the overall circumstances, an honorable discharge was warranted.  We are persuaded primarily by the two letters of support provided by the applicant, particularly that of the Chaplain who had first-hand knowledge of the applicant's situation during military service.  We note also that the Discharge Review Board voted 3-2 against upgrading of the member’s discharge.  In view of the above, we recommend granting the relief sought in this application.  Accordingly, we recommend that his records be corrected to the extent indicated below.

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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 21 April 1998, he was discharged and furnished an Honorable Discharge certificate.

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The following members of the Board considered Docket Number BC-2004-01660 in Executive Session on 10 August 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 16 May 04.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 21 Jun 04.
	Exhibit D.	Letter, SAF/MRBR, dated 25 Jun 04.

AFBCMR BC-2004-01660

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 APPLICANT, be corrected to show that on 21 April 1998, he was honorably discharged and furnished an Honorable Discharge certificate.