RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01332 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He was judged as exhibiting misconduct because he refused to surrender his weapon to someone other than the armorer. Standard operating procedures (SOPs) for security forces personnel dictate weapons can only be surrendered to the armorer. His platoon sergeant requested that he surrender his weapon and he refused. The applicant did not provide any documentation in support of his request. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 28 March 2001, the applicant enlisted in the Regular Air Force. On 10 July 2002, the applicant was notified of his commander’s intent to recommend he be discharged from the Air Force under the provisions of AFPD 36-32, Air Force Military Training and AFI 36-3208, Administrative Separation of Airmen, chapter 5, section h, paragraph 5.49, Minor Disciplinary Infractions. The applicant acknowledged receipt of the notification of discharge. The specific reasons for this action were: 1) On 18 July and 13 August 2001, the applicant received two Letters of Reprimand (LORs) for violation of Article 92, Uniform Code of Military Justice (UCMJ) for failure to obey a lawful order or regulation; 2) On 27 August 2001, he received a LOR for lying to his technical training school instructors; 3) On 23 January 2002, he received a LOR for failing to report to mandatory physical training; 4) On 3 May 2002, he received a LOR for failing to complete his career development courses (CDCs); 5) On 17 May 2002, he received a LOR for reporting late to a flight formation; 6) On 21 May 2002, he received a LOR , establishment of an Unfavorable Information File (UIF) and was placed on the control roster for violations of Articles 86 and 92, UCMJ, for failure to go and failure to obey an order or regulation); 7) On 4 June 2002, he received an Article 15 for violation of Article 113, UCMJ for misbehavior of a sentinel or lookout. His punishment consisted of reduction to the grade of airman, with a new date of rank (DOR) of 4 June 2002, forfeiture of $200 per month for two months (however it was suspended until 3 December 2002, after which time it was to be remitted without further action unless sooner vacated), a reprimand, restriction to the base and extra duty for 30 days; 8) On 17 and 26 June 2002, he received two LORs for failure to report back to his place of duty, having alcohol in his dorm room, possession of an illegal weapon, and failure to comply with Air Force dress and appearance standards. On 11 July 2002, the applicant consulted counsel and stated he was going to submit a statement on his own behalf. However, the applicant failed to submit a written statement within three days, thereby waiving his rights. On 16 July 2002, the Staff Judge Advocate recommended to the Wing Commander that the applicant be discharged and issued a general discharge without suspension for probation and rehabilitation. On 23 July 2002, the discharge authority approved the applicant’s discharge. On 26 July 2002, the applicant was discharged from the Air Force with a general (under honorable conditions) discharge in the grade of airman. He served 1 year, 3 months and 28 days of total active service. On 25 September 2003, the Air Force Discharge Review Board denied the applicant’s request for upgrade of his general (under honorable conditions) discharge to honorable, change his narrative reason and authority for discharge, and reentry code. Pursuant to the Board’s request, the Federal Bureau of Investigations (FBI) Clarksburg, WV, states they were unable to identify an arrest record on the basis of the information furnished. ________________________________________________________________ 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. After thoroughly reviewing the evidence of record, we find no evidence to indicate that his discharge from the Air Force was inappropriate, or that the actions taken to affect his discharge and the characterization of his service were improper, contrary to the provisions of the governing regulations in effect at the time, or based on factors other than his own behavior and inability to comply with standards. We also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency. We considered the applicant’s overall record of service and the events which precipitated the discharge; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. ________________________________________________________________ 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 AFBCMR Docket Number BC-2011-01332 in Executive Session on 21 July 2011, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 March 2011. Exhibit B. Applicant's Master Personnel Records. Panel Chair 2 3