RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03762 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. Examiner’s Note: It appears the applicant is requesting his general discharge be upgraded to honorable to allow him to use his Montgomery GI Bill (MGIB) benefits. In order to receive the MGIB benefits a member must have received an honorable discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: The applicant summarizes his military career. He would like to use his MGIB benefits to further his education in hopes of providing a better future for him and his daughter. In support of his request, applicant provided a personal statement. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 24 Apr 01 and was progressively promoted to the grade of senior airman. On 18 May 04, the applicant was notified by his commander that he was recommending his discharge from the Air Force for a pattern of misconduct. The basis for the proposed discharge was as follows: 1) On 2 Jun 03, he received a Letter of Reprimand (LOR) for unlawful entry into a dorm room; 2) On 7 Oct 03, he received a LOR for failure to obey a lawful order regarding basic weapons safety; 3) On 8 Nov 03, he received a LOR for disobeying a lawful order by failing to use his chain of command; 4) On 29 Jan 04, he received a LOR/Unfavorable Information File (UIF) for insubordinate conduct, by questioning the integrity of a noncommissioned officer; 5) On 6 Feb 04, he received a LOR/UIF for failure to show to a mandatory appointment; 6) On 24 Feb 04, he received a LOR/UIF for failure to wear his uniform; and on 26 Apr 04, he received an Article 15 for being absent without authority on or about 29 Mar 04 through 30 Mar 04. Punishment consisted of reduction in grade to airman first class and 14 days extra duty and a reprimand. On 24 May 04, the applicant acknowledged receipt of the notification of discharge and consulted with legal counsel, and waived his right to submit statements in his own behalf. The base legal office reviewed the case file and found it legally sufficient to support the discharge. The discharge authority approved the separation, and directed a general discharge without probation or rehabilitation. On 3 Jun 04, applicant was separated under the provisions of AFI 36-3208, for misconduct, and received a general discharge. He served on active duty for a period of three years, one month, and eight days. On 9 May 07, the applicant applied to the Air Force Discharge Review Board (AFDRB) requesting that his general discharge be upgraded to honorable. After review of the evidence of record, the AFDRB 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 that the applicant was provided full administrative due process. In its findings, the AFDRB found that applicant’s evidence did not substantiate an inequity or impropriety to justify upgrading his discharge. The AFDRB further concluded that there existed no legal or equitable basis for upgrade of discharge. A copy of the AFDRB Hearing Record is attached at Exhibit B _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOS recommends denial. DPSOS states the narrative reason for separation to include the characterization of service was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing. He provided no facts warranting an upgrade of his discharge characterization. The complete DPSOS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 30 Jan 09, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received. _________________________________________________________________ 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 our 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. 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 issue involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of 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. _________________________________________________________________ The following members of the Board considered Docket Number BC-2008-03762 in Executive Session on 7 April 2009, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to Docket Number BC-2008-03762 was considered: Exhibit A. DD Form 149, dated 9 Oct 08, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 4 Jan 09. Exhibit D. Letter, SAF/MRBR, dated 30 Jan 09. Panel Chair