RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01430

					INDEX CODE:  110.00

					COUNSEL: NONE

					HEARING DESIRED: YES

MANDATORY CASE COMPLETION DATE:  10 NOV 08

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APPLICANT REQUESTS THAT:

1.	His general (under honorable conditions) discharge be upgraded to an honorable discharge.

2.	It appears he is asking the narrative reason for his discharge be changed.

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APPLICANT CONTENDS THAT:

His domestic disputes at his home had nothing to do with how he performed his duties.

In support of his appeal, applicant submitted copies of his performance reports, character references, and certificates of appreciation.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 10 Dec 02 for a period of six years as an airman basic (AB).

On 5 Oct 05, he was notified of his commander’s intent to recommend him for discharge for misconduct.  The specific reasons for the discharge action were:

	a.	On 15 Sep 05, the applicant received an Article 15 for assaulting an airman, damaging government property and failing to go at the prescribed time to his appointed place of duty.

	b.	On 3 Aug 05, the applicant received a Letter of Reprimand (LOR) for using an issued weapon inappropriately and making a verbal and written false official statement regarding said use of the weapon.

	c.	On 11 Jan 05, the applicant received a Letter of Counseling (LOC) for failure to pay his credit card bill.

	d.	On 11 Jan 05, the applicant received an LOR for being involved in a minor domestic disturbance, attempting to threaten his spouse and operating his privately owned vehicle (POV) without having proper insurance.

	e.	On 3 Jul 03, the applicant received an Article 15 for dereliction in the performance of his duties for sleeping while on duty.

He acknowledged receipt of the notification and after consulting counsel elected not to submit statements in his own behalf.

On 11 Oct 05, a legal review was conducted in which the staff judge advocate recommended the applicant be discharged with a general discharge without probation and rehabilitation.

On 12 Oct 05, the discharge authority concurred with the recommendations and directed he be discharged with a general discharge without probation and rehabilitation.  He was discharged on 14 Oct 05.  He served 2 years, 10 months and 5 days on active duty.

On 6 Jul 06, the applicant appealed to the Air Force Discharge Review Board (AFDRB) to have his general discharge upgraded to honorable.  The AFDRB considered all the evidence of record and concluded that applicant’s discharge was consistent with the procedural and substantive requirements of the discharge authority; that the applicant was provided full administrative due process; and that no legal or equitable basis existed for an upgrade of the applicant’s discharge.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the requested relief be denied.  DPPRS states the applicant has not submitted any evidence or identified any errors or injustices that occurred in the processing of his discharge.  Based upon the documentation in the applicant's file, DPPRS believes his discharge was consistent with the procedural and substantive requirements of the discharge regulation and the discharge was within the sound discretion of the discharge authority.

The complete DPPRS evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3 Jul 07, for review and response within 30 days.  As of this date, no response has been received by this office.  

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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 timely filed.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of an injustice warranting partial correction.  In this respect, the applicant was discharged for a string of what was determined to be minor disciplinary infractions.  In support of his request, applicant provided a variety of documents and character reference statements as testimony to his character and demonstrating his involvement in local and base community activities.  Of note, is the fact that his conduct was described as “sets the examples for others to follow” on the performance reports rendered throughout his period of service.  We do not condone the behavior exhibited by the applicant, which ultimately led to his discharge from the Air Force.  However, we believe labeling minor disciplinary infractions as misconduct is not justified as it may be misconstrued as more serious misbehavior when taking the totality of his service into consideration.  We carefully considered his request to upgrade his discharge to honorable; however, it is our opinion that characterization his service as general is an accurate depiction of his service and he has provided no evidence which persuades us otherwise.  Therefore, we recommend the narrative reason for his discharge be corrected as indicated below

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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 14 October 2005, he was honorably discharged under the provisions of AFI 36-3208, paragraph 1-2, (Secretarial Authority), with Separation Program Designator (SPD) Code of KFF.

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The following members of the Board considered AFBCMR Docket Number BC-2007-01430 in Executive Session on 2 Oct 07, under the provisions of AFI 36‑2603:

All members voted to correct the records as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 May 07, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 6 Jan 07.
   Exhibit D.  Letter, SAF/MRBR, dated 3 Jul 07.