RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02245
	INDEX CODE:  110.00
	COUNSEL:  NONE

	HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  19 DECEMBER 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:

His family issues concerning his father's aggressive cancer weighed heavily on him.  His issues prompted his inability to focus on the matters at hand and culminated in a matter of two months.  His father died on 7 Mar 03.  It has been five years since his discharge.  He appeared before a similar review board to request his discharge be upgraded to honorable.  He answered the board's questions as best he could but his request was denied.  He was not a model airman, but he served with pride.  He did not enlist to get away from a troubled family life, drugs, or any other list of reasons.  His family life was great and he enlisted because his dad had served.  

His discharge has impeded his chances for a good job or career in the civilian world.  His character of service renders him as unreliable, not trustworthy, incompetent, or just under qualified.  Some offers have been from companies that request veterans or former servicemen.  The words "other than honorable" have resulted in a polite decline of his application or a brief apology over the phone and a suggestion to try if his discharge status ever changes.  He has no intention of lying about serving or speaking with anything other than pride at having had the chance to serve.  

It is for all the reasons above and more that he is submitting his application for consideration.

In support of his application, the applicant submits his personal unsigned statement and a copy of his DD 214.

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

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STATEMENT OF FACTS:

On 7 Mar 98, the applicant enlisted in the Regular Air Force at the age of 18 in the grade of airman basic for a period of 6 years.  He was progressively promoted to the grade of airman first class, effective and with a date of rank of 4 Feb 02.

The applicant was involved in a number of minor disciplinary infractions from Nov 99 to Jan 02, receiving various administrative and disciplinary actions.  On 22 Feb 02, the applicant’s commander notified the applicant that he was recommending his separation from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208, para 5.49, Misconduct – Minor Disciplinary Infractions.

In a legal review of the discharge case file dated 28 Feb 02, the Staff Judge Advocate found the file was legally sufficient and recommended that the applicant be separated from the service with a general discharge.  The discharge authority approved the recommended separation and directed the applicant be discharged for the reasons recommended by his commander, without the offer of probation and rehabilitation.

On 22 Mar 02, the applicant was issued an under honorable conditions (general) discharge.  He had served 3 years, 5 months and 16 days on active duty.

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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 a change to his general 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 10 Aug 07 for review and comment within 30 days.  As of this date, this office has received no response Exhibit D).
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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 4 October 2007, under the provisions of AFI 36‑2603:

The following documentary evidence was considered for AFBCMR Docket Number BC-2007-02245:

     Exhibit A.  DD Form 149, dated 7 Jul 07 w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 27 Jul 07.
     Exhibit D.  Letter, SAF/MRBR, dated 10 Aug 07.