RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01862
	INDEX CODE:  110.00
	COUNSEL:  NONE

	HEARING DESIRED:  

MANDATORY COMPLETION DATE:  15 NOVEMBER 2008

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

The decision by the Air Force Discharge Review Board (AFDRB) to deny his request to upgrade his discharge to honorable was unjust.  He wants to clear his record and has paid a heavy price.  He accepts responsibility for his actions and is thankful that God has allowed him and his family to live a good life in spite of his discharge.  He has no plans to reenter any branch of military service, but needs closure.  He disagrees with some of the charges.  The documents submitted with his application show financial responsibility and his credit history which were reasons the AFDRB denied his earlier request.  His wife has suffered from health issues caused by his problems while he served in the military.  He has been a productive, law abiding, upstanding citizen since his discharge.  He is nine hours from receiving a degree in Public Administration.  

In support of his application, the applicant submits copies of constituent response e-mail traffic from a member of the Senate, a copy of a college transcript, a copy of a mortgage account statement, and a copy of a medical summary on his spouse.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 10 Dec 90, the applicant enlisted into the Regular Air Force in the grade of airman basic for a period of 4 years.  He was progressively promoted to the grade of staff sergeant, effective and with a date of rank of 1 Dec 98.  Due to Article 15 action, he was reduced to the grade of senior airman, effective and with a date of rank of 9 Oct 02.  The following is a resume of his Enlisted Performance Reports (EPRs):

	PERIOD ENDING	OVERALL EVALUATION

	 	 9 Aug 92		4
		15 Apr 93		3
		15 Apr 94		5
		15 Apr 95		5
		15 Apr 96		4
		29 Mar 97		4
		29 Mar 98		4
		29 Mar 99		4
		 4 Feb 00		4
		 4 Feb 01		3
		 4 Feb 02		3

The applicant was involved in a number of minor disciplinary infractions from Oct 00 through Jul 02, receiving various administrative and disciplinary actions.  

As a result, on 16 Dec 02, the applicant’s commander notified him that he was recommending his separation from the Air Force under the provisions of AFI 36-3208, Chapter 5, Paragraph 5.49 for minor disciplinary infractions.  He was advised of his rights, acknowledged receipt of the notification and, after consulting military legal counsel, offered a conditional waiver of the rights associated with an administrative discharge hearing contingent upon his receipt of no less than a General Discharge.  A legal review of the discharge case file by the staff judge advocate found the file legally sufficient and recommended the applicant be discharged with a general discharge without the opportunity for probation and rehabilitation.  On 24 Jan 03, the discharge authority approved the recommendation for discharge.  On 27 Jan 03, the applicant was issued a general discharge in the grade of senior airman.  He had served 12 years, 1 month and 17 days on active duty service.

On 3 Nov 05, the Air Force Discharge Review Board (AFDRB) reviewed and denied a similar request by the applicant.  The AFDRB found the discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority and that the applicant was provided full administrative due process.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  DPPRS states that based on the documentation on file in the applicant’s 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.  Additionally, the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and he provided no facts warranting an upgrade of his discharge.  

The complete 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 3 Jul 07 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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 9 August 2007, under the provisions of AFI 36‑2603:

The following documentary evidence was considered for AFBCMR Docket Number BC-2007-01862:

     Exhibit A.  DD Form 149, dated 6 Jun 07 w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 21 Jun 07.
     Exhibit E.  Letter, SAF/MRBR, dated 3 Jul 07.