RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03820 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: His discharge was due to an altercation with a supervisor that involved no physical contact. The supervisor was known for his abusive verbal comments towards his subordinates. It is unjust for his discharge to reflect anything other than honorable. He has spent the last 25 years building his career in the recreation vehicle industry. He has succeeded in acquiring 43 certifications in the field of management. He is now at a level that having an honorable discharge hanging on the wall will improve his chances of future promotions. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 23 Jun 81. He served for a period of 2 years, 8 months, and 7 days. On 16 Feb 84, he was notified of pending discharge action. The commander cited a pattern of misconduct, discreditable involvement with military or civil authorities as the reason for discharge. Records indicate that on 21 Jun 82, the applicant received an Article 15, Record of Nonjudicial Punishment, for disrespectful language towards a noncommissioned officer. He received a suspended reduction in grade to airman basic until 15 Dec 82 and was ordered to forfeit $75. On 25 Jul 82, he unlawfully struck another airman on the nose with his fist. As a result, he was punished under Article 15 and the suspended nonjudicial punishment imposed on 21 Jun 82 was vacated on 9 Aug 82. On 9 Sep 83, he was counseled by the First Sergeant for writing a check with insufficient funds and by his Dock Chief for missing a scheduled training appointment. On 4 Jan 84, he was formally reprimanded for failure to meet his financial obligations after repeated counselings. On 11 Jan 84, he was counseled by the Assistant to the Maintenance Superintendent for failure to report to duty on time. On 2 Feb 84, he was counseled for AFR 35-10, Dress and Personal Appearance, haircut standards and instructed to get a haircut. On 8 Feb 84, he received an Article 15 for insufficient funds and disrespectful language towards a superior commissioned officer. On 29 Feb 94, the staff judge advocate found the discharge legally sufficient. The applicant consulted counsel and on 17 Feb 84, provided statements in his own behalf. On 7 Mar 84, the commander directed discharge. On 7 Mar 84, he was discharged with a general (under honorable conditions) discharge with a narrative reason of misconduct-pattern of discreditable involvement with military or civil authorities. Medical records revealed the applicant was cited for driving while impaired on 9 May 82. A medical report contained in his medical records, dated 13 Aug 82, indicates he was seen in the mental health clinic for an alcohol dependency evaluation due to a second alcohol related incident within two months. He was entered into an Alcohol Rehabilitation Program and permanently decertified from the Personal Reliability Program (PRP) for two alcohol related incidents within 24 months. A medical report dated 25 Jan 83, indicates he was scheduled to enter a two-week alcohol rehabilitation program on 7 Feb 83, for another alcohol related incident. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. On 22 Jan 09, a copy of the FBI report and a request for post-service information were forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office. _________________________________________________________________ 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 an error or an injustice. After careful consideration of the available evidence, we found no indication that the actions taken to affect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time. In addition, in view of the contents of the FBI Identification Record we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade to honorable on the basis of clemency. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request. _________________________________________________________________ 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- 2008-03820 in Executive Session on 3 March 2009, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Oct 08. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, SAF/MRBR, dated 22 Jan 09. Panel Chair